(a) The respondent shall file a return to the petition setting forth the facts claimed to justify the detention and attaching any commitment order upon which custody is based.
Section 23-30.—The Return
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceThe respondent must file a return that states the facts justifying the petitioner's detention, attaches any commitment order supporting custody, responds to the petition's allegations, and raises any facts supporting procedural default, abuse of the writ, or other reasons the petitioner is not entitled to relief.
Full Text of Section 23-30
(b) The return shall respond to the allegations of the petition and shall allege any facts in support of any claim of procedural default, abuse of the writ, or any other claim that the petitioner is not entitled to relief.
Amendment History
(P.B. 1978-1997, Sec. 529I.)
Plain-English Summary
The return is the respondent's formal answer to a habeas corpus petition. Subsection (a) requires the respondent to set forth the facts claimed to justify detaining the petitioner and to attach any commitment order the custody is based on.
Subsection (b) requires the return to respond directly to the allegations in the petition. It must also allege any facts supporting a claim of procedural default, abuse of the writ, or any other basis for arguing the petitioner is not entitled to relief.
Frequently Asked Questions
What is a return in a Connecticut habeas corpus case?
It is the respondent's filed answer to the petition, setting out the facts justifying the petitioner's detention and attaching any commitment order the custody relies on.
Must the return address every allegation in the petition?
Yes. The return must respond to the allegations of the petition, not just state grounds for detention.
What is an example of a defense the respondent can raise in the return?
The rule names procedural default and abuse of the writ as claims the respondent may support with facts alleged in the return, along with any other claim that the petitioner is not entitled to relief.
What must be attached to the return?
Any commitment order upon which the petitioner's custody is based must be attached.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 23-30). 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: the return habeas corpus CTrespondent's answer to habeas petitionprocedural default habeas returnabuse of the writ Connecticutcommitment order habeas return