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Section 10-31.—Opposition; Date for Hearing Motion To Dismiss

Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026

In one sentenceAn adverse party has thirty days after a motion to dismiss is filed to respond with an opposing memorandum of law, and except in summary process matters the motion goes on the short calendar no less than forty-five days after filing, with either side able to request an evidentiary hearing if one is needed.

Full Text of Section 10-31

Text sizeJump to: (a) (b)

(a) Any adverse party shall have thirty days from the filing of the motion to dismiss to respond to the motion to dismiss by filing and serving in accordance with Sections 10-12 through 10-17 a memorandum of law in opposition and, where appropriate, supporting affidavits as to facts not apparent on the record.
(b) Except in summary process matters, the motion shall be placed on the short calendar to be held not less than forty-five days following the filing of the motion, unless the judicial authority otherwise orders. If an evidentiary hearing is required, any party shall file a request for such hearing with the court.

Amendment History

(P.B. 1978-1997, Sec. 143.) (Amended June 14, 2013, to take effect Jan. 1, 2014.)

Plain-English Summary

Subsection (a) gives any adverse party thirty days from the filing of the motion to dismiss to respond, by filing and serving a memorandum of law in opposition, along with supporting affidavits where appropriate as to facts not apparent on the record. Service follows the methods set out in Sections 10-12 through 10-17.

Subsection (b) addresses scheduling: except in summary process matters, the motion is placed on the short calendar to be held no less than forty-five days after the motion was filed, unless the judicial authority orders otherwise. If an evidentiary hearing is needed, any party may file a request for one with the court.

Frequently Asked Questions

How much time does the opposing party have to respond to a motion to dismiss?

Thirty days from the filing of the motion to dismiss, by filing and serving a memorandum of law in opposition.

When is a motion to dismiss heard?

Except in summary process matters, it is placed on the short calendar to be held no less than forty-five days after the motion was filed, unless the judicial authority orders otherwise.

Can a party request an evidentiary hearing on a motion to dismiss?

Yes. If an evidentiary hearing is required, any party may file a request for such a hearing with the court.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 10-31). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source
Also known as: opposing a motion to dismiss Connecticutshort calendar motion to dismiss timingmemorandum in opposition to motion to dismiss CTevidentiary hearing motion to dismiss