The court may return any petition not in substantial compliance with the requirements of Section 23-22 with a description of how the petition fails to comply with filing requirements and a statement indicating that a corrected petition may be resubmitted.
Section 23-23.—Return of Noncomplying Petition
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceIf a habeas corpus petition does not substantially comply with the content requirements of Section 23-22, the court may return it with an explanation of the defects and let the petitioner resubmit a corrected version.
Full Text of Section 23-23
Amendment History
(P.B. 1978-1997, Sec. 529B.)
Plain-English Summary
Section 23-23 gives the court a way to handle habeas petitions that fall short of what Section 23-22 requires. Rather than dismissing a noncompliant petition outright, the court may return it to the petitioner.
When the court returns a petition, it must describe how the petition fails to meet the filing requirements and state that the petitioner may resubmit a corrected version.
Frequently Asked Questions
What happens if my habeas petition does not meet the filing requirements?
The court may return it, along with a description of how it fails to comply and a statement that a corrected petition may be resubmitted.
Is a returned petition the same as a dismissed petition?
No. Section 23-23 describes returning a noncompliant petition with the option to resubmit a corrected one, not dismissing it.
What requirements does the petition need to satisfy?
The requirements set out in Section 23-22, which cover the oath, the specific facts and relief sought, and disclosure of prior petitions.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 23-23). 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: returned habeas petition Connecticutnoncompliant habeas petitioncorrecting a habeas petitionresubmitting habeas corpus petitionhabeas petition filing defects