Section 23-24.—Preliminary Consideration of Judicial Authority
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceThe judicial authority must promptly review each habeas corpus petition and issue the writ unless the court lacks jurisdiction, the petition is wholly frivolous, or the relief sought is unavailable, notifying the petitioner if it declines.
(a)The judicial authority shall promptly review any petition for a writ of habeas corpus to determine whether the writ should issue. The judicial authority shall issue the writ unless it appears that:
(1)the court lacks jurisdiction;
(2)the petition is wholly frivolous on its face; or
(3)the relief sought is not available.
(b)The judicial authority shall notify the petitioner if it declines to issue the writ pursuant to this rule.
Amendment History
(P.B. 1978-1997, Sec. 529C.)
Plain-English Summary
Section 23-24 governs the judicial authority's first look at a habeas corpus petition. It must promptly review the petition to decide whether the writ should issue, and it must issue the writ unless one of three conditions appears: the court lacks jurisdiction, the petition is wholly frivolous on its face, or the relief the petitioner seeks is not available.
If the judicial authority declines to issue the writ under this rule, it must notify the petitioner of that decision.
Frequently Asked Questions
Does every habeas corpus petition automatically get a writ?
No. The judicial authority reviews the petition first and issues the writ unless the court lacks jurisdiction, the petition is wholly frivolous on its face, or the relief sought is not available.
What happens if the judicial authority declines to issue the writ?
It must notify the petitioner that it has declined to issue the writ under this rule.
On what grounds can the judicial authority refuse to issue the writ?
Three grounds: lack of jurisdiction, a petition that is wholly frivolous on its face, or a request for relief that is not available.
How quickly does the judicial authority review a habeas petition?
Section 23-24 requires prompt review, though it does not set a specific deadline.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 23-24). 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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