Should it appear to the satisfaction of the judicial authority at any time that any affidavit is made or presented in bad faith or solely for the purpose of delay, the judicial authority shall forthwith order the offending party to pay to the other party the reasonable expenses which the filing of the affidavit caused that party to incur, including attorney’s fees. Any offending party or attorney may be adjudged guilty of contempt, and any offending attorney may also be disciplined by the judicial authority.
Section 17-48.—Affidavits Made in Bad Faith
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceThis rule punishes bad-faith or delay-only affidavits on summary judgment by requiring the offending party to pay the other side’s reasonable expenses, including attorney’s fees, and by exposing the offender or attorney to contempt or discipline.
Full Text of Section 17-48
Amendment History
(P.B. 1978-1997, Sec. 383.)
Plain-English Summary
Section 17-48 is the sanction provision for the summary judgment framework. If it appears to the judicial authority’s satisfaction, at any time, that an affidavit was made or presented in bad faith or solely to cause delay, the judicial authority must order the offending party to pay the other party’s reasonable expenses caused by the filing, including attorney’s fees. The offending party or attorney may also be adjudged guilty of contempt, and an offending attorney may be disciplined by the judicial authority.
Frequently Asked Questions
What happens if a summary judgment affidavit is filed in bad faith in Connecticut?
The judicial authority must order the offending party to pay the other party’s reasonable expenses caused by the filing, including attorney’s fees, and the offending party or attorney may be held in contempt.
Can an attorney be disciplined for filing a bad-faith affidavit?
Yes. Section 17-48 allows the judicial authority to discipline an offending attorney in addition to any contempt finding.
When can the court address a bad-faith affidavit?
At any time it appears to the judicial authority’s satisfaction that the affidavit was made or presented in bad faith or solely for delay.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 17-48). 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: bad faith affidavit sanctions CTsummary judgment attorney fees sanctioncontempt for false affidavitdelay tactic affidavit penaltyaffidavit misconduct summary judgment