In addition to other provisions for discovery and subject to the provisions of Sections 13-2 through 13-5, any party who has appeared in a civil action, in any probate appeal, or in any administrative appeal where the judicial authority finds it reasonably probable that evidence outside the record will be required, may, at any time after the commencement of the action or proceeding, in accordance with the procedures set forth in this chapter, take the testimony of any person, including a party, by deposition upon oral examination. The attendance of witnesses may be compelled by subpoena as provided in Section 13-28A. The attendance of a party deponent or of an officer, director, or managing agent of a party may be compelled by notice to the named person or such person’s attorney in accordance with the requirements of Section 13-27 (a). The deposition of a person confined in prison may be taken only by leave of the judicial authority on such terms as the judicial authority prescribes. (See General Statutes § 52-178.)
Section 13-26.Depositions; In General
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceSection 13-26 lets any party who has appeared in a case take the testimony of any person, including a party, by oral deposition at any time after the action begins, with attendance compelled by subpoena or notice as the rules require.
Full Text of Section 13-26
Amendment History
(P.B. 1978-1997, Sec. 243; amended June 12, 2025, to take effect Jan. 1, 2026.) HISTORY—2026: In the second sentence, ‘‘A’’ was added after ‘‘13-28.’’
Rules Committee Commentary
Plain-English Summary
Section 13-26 opens deposition practice under the Connecticut Practice Book. Any party who has appeared in a civil action — or in a probate or administrative appeal where the judicial authority finds it reasonably probable that evidence outside the record will be needed — may take the testimony of any person, including a party, by deposition upon oral examination. This can happen at any time after the action or proceeding commences, following the procedures set out in the chapter and subject to the discovery limits in Sections 13-2 through 13-5.
Attendance of witnesses generally may be compelled by subpoena under Section 13-28A. But a party deponent, or an officer, director, or managing agent of a party, may instead be compelled to attend by notice to that person or their attorney, as Section 13-27 (a) requires. A deposition of a person confined in prison may be taken only with the judicial authority’s leave and on whatever terms it sets.
Frequently Asked Questions
Who can take a deposition in a Connecticut civil case?
Any party who has appeared in the action may take the deposition of any person, including a party, by oral examination, at any time after the action or proceeding commences.
Do I need a subpoena to depose a party in Connecticut?
No. A party deponent, or an officer, director, or managing agent of a party, may be compelled to attend by notice to that person or their attorney rather than by subpoena.
Can you depose someone who is in prison in Connecticut?
Yes, but only with leave of the judicial authority and on whatever terms the judicial authority prescribes.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 13-26). 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
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COMMENTARY—2026: Several of the following sections have been changed in response to the adoption of the Interstate Depositions and Discovery Act, now codified at General Statutes § 52-655 et seq. The only change to this section is to reflect that new Section 13-28A addresses deposition subpoenas.