(a)(1) To request issuance of a subpoena under this section, a party shall submit to a clerk of the Superior Court in the judicial district in which discovery is sought to be conducted in this state, or a clerk of the Probate Court in the probate district in which discovery is sought to be conducted in this state, as the case may be, the following: (A) The original or a true copy of a foreign subpoena, (B) the form prescribed under subdivision (2) of this subsection, and (C) with respect to any action in the Superior Court, the fee prescribed for issuance of a foreign subpoena pursuant to section 52-259 or, with respect to any action in the Probate Court, the fee prescribed in section 45a-106a. A request for the issuance of a subpoena under any provision of this section, or sections 52-658 to 52-660, inclusive, does not constitute an appearance in any court of this state.

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Terms Used In Connecticut General Statutes 52-657

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Docket: A log containing brief entries of court proceedings.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Probate: Proving a will
  • Subpoena: A command to a witness to appear and give testimony.

(2) The Office of the Chief Court Administrator, with respect to any action in the Superior Court, and the Office of the Probate Court Administrator, with respect to any action in the Probate Court, shall prescribe the form which is required to be submitted pursuant to subdivision (1) of this subsection.

(b) When a party submits a foreign subpoena to a clerk of the Superior Court or a clerk of the Probate Court that complies with the requirements of subdivision (1) of subsection (a) of this section, such clerk shall, in accordance with the respective court’s procedure, promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.

(c) A subpoena issued under subsection (b) of this section shall:

(1) Incorporate the terms used in the foreign subpoena;

(2) Contain or be accompanied by an affidavit of the party stating the names, addresses and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel; and

(3) Include the case caption and docket number of the matter pending in the foreign jurisdiction and shall identify the name and address of the Superior Court, or the Probate Court, as the case may be, issuing the subpoena.

(d) A subpoena issued by a clerk of the Superior Court shall be on a form prescribed by the Office of the Chief Court Administrator. A subpoena issued by a clerk of the Probate Court shall be on a form prescribed by the Office of the Probate Court Administrator.