The judicial authority may, at any time, upon its own motion or upon motion of the respondent, dismiss the petition, or any count thereof, if it determines that:
Section 23-29.—Dismissal
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceThe court can dismiss a habeas corpus petition, in whole or in part, on its own initiative or on the respondent's motion, for reasons including lack of jurisdiction, failure to state a valid claim, repeating a previously denied claim without new facts or evidence, mootness or prematurity, or any other legally sufficient ground.
Full Text of Section 23-29
(1) the court lacks jurisdiction;
(2) the petition, or a count thereof, fails to state a claim upon which habeas corpus relief can be granted;
(3) the petition presents the same ground as a prior petition previously denied and fails to state new facts or to proffer new evidence not reasonably available at the time of the prior petition;
(4) the claims asserted in the petition are moot or premature;
(5) any other legally sufficient ground for dismissal of the petition exists.
Amendment History
(P.B. 1978-1997, Sec. 529H.)
Plain-English Summary
This rule gives the judicial authority broad power to dismiss a habeas corpus petition, or any single count within it, at any point in the case. Dismissal can happen on the court's own motion or on a motion filed by the respondent — the party holding the petitioner in custody.
The rule lists five grounds for dismissal: the court lacks jurisdiction; the petition or a count fails to state a claim for which habeas relief can be granted; the petition repeats a ground already raised and denied in a prior petition without new facts or newly available evidence; the claims are moot or premature; or any other legally sufficient ground for dismissal exists. That last catch-all leaves room for grounds beyond the four specifically named.
Frequently Asked Questions
Can a habeas petition be dismissed without the respondent asking for it?
Yes. The judicial authority may dismiss a petition, or any count of it, on its own motion, not only on a motion filed by the respondent.
Can a repeat habeas petition be dismissed?
Yes, if it presents the same ground as a prior petition that was already denied and does not state new facts or offer new evidence that was not reasonably available before.
What does it mean for a habeas claim to be dismissed as moot or premature?
The rule allows dismissal when the claims asserted no longer present a live controversy (moot) or are not yet ripe for the court to decide (premature), without further defining those terms.
Is the list of dismissal grounds in this rule exhaustive?
No. Alongside four specific grounds, the rule allows dismissal for any other legally sufficient ground, leaving room for additional bases.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 23-29). 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: grounds to dismiss habeas petitiondismissing habeas corpus CTsuccessive habeas petition dismissedmoot habeas claim dismissalcourt dismisses habeas on its own motion