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Section 10-40.—Opposition; Date for Hearing Motion To Strike

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

In one sentenceAn adverse party has thirty days to file an opposing memorandum of law after a motion to strike is filed, and the motion must generally sit on the short calendar for at least forty-five days before being heard.

Full Text of Section 10-40

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(a) Any adverse party shall have thirty days from the filing of the motion to strike to respond to a motion to strike filed pursuant to Section 10-39 by filing and serving in accordance with Sections 10-12 through 10-17 a memorandum of law in opposition.
(b) Except in summary process matters, the motion to strike 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.

Amendment History

(P.B. 1978-1997, Sec. 153.) (Amended June 30, 2003, to take effect Jan. 1, 2004; amended June 21, 2004, to take effect Jan. 1, 2005; amended June 14, 2013, to take effect Jan. 1, 2014.)

Plain-English Summary

This rule sets the timeline for responding to a motion to strike filed under Section 10-39. Any adverse party has thirty days from the filing of the motion to file and serve a memorandum of law in opposition, following the service procedures in Sections 10-12 through 10-17.

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

Frequently Asked Questions

How long does an opposing party have to respond to a motion to strike?

Thirty days from the filing of the motion to file and serve a memorandum of law in opposition.

How soon can a motion to strike be heard?

Except in summary process matters, it must be placed on the short calendar no sooner than forty-five days after filing, unless the judicial authority orders otherwise.

Does the forty-five day waiting period apply to summary process cases?

No. The rule excepts summary process matters from that forty-five day minimum.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 10-40). 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: deadline to oppose motion to strike CTmotion to strike short calendar timingforty-five days motion to strike hearingsummary process motion to strike