In any action, including administrative appeals which are enumerated in Section 14-7 (c), any party may move for a summary judgment as to any cause of action or defense as a matter of right at any time if no scheduling order exists and the case has not been assigned for trial. If a scheduling order has been entered by the court, either party may move for summary judgment as to any cause of action or defense as a matter of right by the time specified in the scheduling order. If no scheduling order exists but the case has been assigned for trial, a party must move for permission of the judicial authority to file a motion for summary judgment. These rules shall be applicable to counterclaims and cross complaints, so that any party may move for summary judgment upon any counterclaim or cross complaint as if it were an independent action. The pendency of a motion for summary judgment shall delay trial only at the discretion of the trial judge.
Section 17-44.Summary Judgments; Scope of Remedy
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceThis rule lets any party move for summary judgment as a matter of right on any claim, counterclaim, cross complaint, or defense, with the timing tied to whether a scheduling order or trial assignment exists.
Full Text of Section 17-44
Amendment History
(P.B. 1978-1997, Sec. 379.) (Amended June 14, 2013, to take effect Jan. 1, 2014; amended June 23, 2017, to take effect Jan. 1, 2018; amended June 14, 2024, to take effect Jan. 1, 2025.)
Plain-English Summary
Section 17-44 sets the ground rules for when a party may bring a motion for summary judgment. Any party may move as a matter of right at any time, provided no scheduling order exists and the case has not yet been assigned for trial. If a scheduling order has been entered, the motion must be filed by the deadline the order sets. If there is no scheduling order but the case has been assigned for trial, a party needs the judicial authority’s permission before filing.
The rule applies to administrative appeals under Section 14-7 (c) as well as ordinary civil actions, and it treats counterclaims and cross complaints as independent actions for this purpose — a party may move for summary judgment on those just as it would on a plaintiff’s claim. Filing a motion does not automatically pause the case; whether the trial gets delayed while the motion is pending rests with the trial judge’s discretion.
Frequently Asked Questions
When can a party file a motion for summary judgment in Connecticut?
As a matter of right at any time if no scheduling order exists and the case has not been assigned for trial, or by the deadline in the scheduling order if one has been entered; otherwise a party needs the judicial authority’s permission to file.
Can a party move for summary judgment on a counterclaim or cross complaint?
Yes. Section 17-44 makes the summary judgment rules applicable to counterclaims and cross complaints, treating each as if it were an independent action.
Does filing a motion for summary judgment stop the trial from proceeding?
Not automatically. The pendency of the motion delays trial only if the trial judge decides to allow that delay.
Does this rule cover administrative appeals?
Yes, it expressly includes administrative appeals enumerated in Section 14-7 (c) among the actions where a party may move for summary judgment.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 17-44). 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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