At any time after the pleadings are closed, any party may move for summary judgment, which shall be rendered if the pleadings, affidavits and any other evidence submitted show that there is no genuine issue of material fact between the parties requiring a trial and the moving party is entitled to judgment as a matter of law.
Section 23-37.—Summary Judgment in Habeas Corpus
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceThis rule allows any party, once the pleadings are closed, to move for summary judgment in a habeas case, which the court must grant if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.
Full Text of Section 23-37
Amendment History
(P.B. 1978-1997, Sec. 529P.)
Plain-English Summary
Once the pleadings in a habeas proceeding are closed, either side may move for summary judgment. The judicial authority must render judgment for the moving party if the pleadings, affidavits, and any other evidence submitted show no genuine issue of material fact between the parties requiring a trial, and that party is entitled to judgment as a matter of law.
This is the same core standard used in ordinary civil summary judgment practice — no genuine dispute of material fact, and entitlement to judgment as a matter of law — applied here to the pleadings and record built up through the habeas case, including the return, reply, and any expanded record offered under Section 23-36.
Frequently Asked Questions
When can a party move for summary judgment in a habeas case?
At any time after the pleadings are closed, meaning after the petition, return, and any reply have been filed.
What must the court find to grant summary judgment in a habeas case?
The court must find that the pleadings, affidavits, and other submitted evidence show no genuine issue of material fact requiring a trial, and that the moving party is entitled to judgment as a matter of law.
Can the respondent move for summary judgment, or only the petitioner?
The rule allows any party to move for summary judgment once the pleadings are closed, so either the petitioner or the respondent may bring the motion.
What evidence can the court consider on a summary judgment motion?
The pleadings, affidavits, and any other evidence submitted, which can include material from the expanded record described in Section 23-36.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 23-37). 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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