In a proceeding seeking an order to place an attorney on inactive status, the burden of proof shall rest with the petitioner. In a proceeding seeking an order terminating inactive status, the burden of proof shall rest with the inactive attorney.
Section 2-61.—Burden of Proof in Inactive Status Proceedings
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceIn hearings about placing an attorney on inactive status, the person seeking the order must prove their case, and in hearings about ending inactive status, the attorney must prove they're fit to return.
Full Text of Section 2-61
Amendment History
(P.B. 1978-1997, Sec. 45.)
Plain-English Summary
This rule sets who carries the burden of proof at each stage of an inactive-status proceeding. When someone asks the court to place an attorney on inactive status, that petitioner must prove the case for inactive status. When the question flips — an inactive attorney asks the court to lift that status — the burden shifts to the attorney to prove they're ready to return to practice.
Frequently Asked Questions
Who has to prove an attorney should be placed on inactive status?
The petitioner — the person or body asking the court to place the attorney on inactive status — carries the burden of proof.
Who has to prove an attorney is ready to come off inactive status?
The inactive attorney carries the burden of proof in a proceeding seeking to terminate inactive status.
Does the burden of proof change between the two stages of an inactive-status case?
Yes. The burden rests with the petitioner when inactive status is being sought, and shifts to the attorney when termination of that status is being sought.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 2-61). 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: burden of proof inactive status Connecticut attorneywho proves attorney should be inactiveburden of proof terminating inactive statusattorney reinstatement burden of proof CT