Except as otherwise provided herein, the procedures set forth in Sections 23-22 through 23-42 shall apply to any petition for a writ of habeas corpus which sets forth a claim of illegal confinement. Such procedures shall not apply to any petition for a writ of habeas corpus brought to determine the custody and visitation of children or brought by or on behalf of a person confined in a hospital for mental illness.
Section 23-21.Habeas Corpus
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceThis rule sets the scope of Connecticut's habeas corpus procedures, applying Sections 23-22 through 23-42 to petitions claiming illegal confinement while excluding child custody and mental illness commitment habeas cases.
Full Text of Section 23-21
Amendment History
(P.B. 1978-1997, Sec. 529.)
Plain-English Summary
Section 23-21 opens Connecticut's habeas corpus rules by defining which cases they cover. The detailed procedures in Sections 23-22 through 23-42 apply to any petition for a writ of habeas corpus that claims illegal confinement, unless another rule provides otherwise.
Two categories of habeas petitions fall outside these procedures. The rules do not govern petitions brought to determine custody and visitation of children, and they do not govern petitions brought by or on behalf of someone confined in a hospital for mental illness. Those matters proceed under different rules.
Frequently Asked Questions
What kinds of habeas corpus petitions does this rule cover?
Petitions that claim illegal confinement. Sections 23-22 through 23-42 supply the procedures for those cases unless another rule says otherwise.
Does this rule apply to child custody disputes?
No. Petitions brought to determine custody and visitation of children are excluded from these habeas corpus procedures.
Does this rule apply to someone committed for mental illness?
No. Petitions brought by or on behalf of a person confined in a hospital for mental illness fall outside these procedures.
Where do the excluded types of habeas petitions get their procedural rules?
Section 23-21 does not say. It states only that Sections 23-22 through 23-42 do not apply to those two categories of petitions.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 23-21). 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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