A party may, consistent with the rules of evidence, offer as an exhibit, or the habeas court may take judicial notice of, the transcript and any portion of the Superior Court, Appellate Court or Supreme Court record or clerk’s file from the petitioner’s criminal matter which is the subject of the habeas proceeding.
Section 23-36.—The Expanded Record
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceThis rule lets a party introduce, or the habeas court take judicial notice of, the transcript and record from the petitioner's underlying criminal case as evidence in the habeas proceeding.
Full Text of Section 23-36
Amendment History
(P.B. 1978-1997, Sec. 529O.) (Amended June 12, 2015, to take effect Jan. 1, 2016.)
Plain-English Summary
A habeas case almost always grows out of an earlier criminal matter, and this rule builds a bridge between the two. Consistent with the rules of evidence, a party may offer as an exhibit — or the habeas court may take judicial notice of — the transcript and any part of the Superior Court, Appellate Court, or Supreme Court record or clerk's file from that underlying criminal matter.
Frequently Asked Questions
Do I need to formally introduce the criminal trial transcript as evidence?
Not necessarily. The habeas court may take judicial notice of the transcript and record instead of requiring a party to offer it as an exhibit, though a party may also offer it as an exhibit consistent with the rules of evidence.
What parts of the criminal case record can come into the habeas proceeding?
The rule covers the transcript and any portion of the Superior Court, Appellate Court, or Supreme Court record or clerk's file from the petitioner's underlying criminal matter.
Does this rule override the ordinary rules of evidence?
No. The rule expressly says this use of the record and transcript must be consistent with the rules of evidence.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 23-36). 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: expanded record habeas corpus CTusing criminal trial transcript in habeas casejudicial notice habeas corpus Connecticutcriminal record in habeas proceedinghabeas court taking notice of prior record