Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceThis rule limits discovery in habeas corpus cases to a witness list and expert-witness disclosures as of right, keeps the general discovery rules from applying, and lets the court permit further limited discovery by motion.
(2)A statement of the subject matter upon which any expert witness is expected to testify;
(3)A statement of the opinions the expert is expected to render and the ground for each opinion.
(b)The parties may cooperatively engage in informal discovery. The provisions of Chapter 13, Discovery and Depositions of the rules of practice, do not apply to habeas corpus proceedings.
(c)Upon motion, the judicial authority may order such other limited discovery as the judicial authority determines will enhance the fair and summary disposal of the case.
Amendment History
(P.B. 1978-1997, Sec. 529Q.)
Plain-English Summary
Habeas corpus proceedings do not follow the ordinary civil discovery rules found in Chapter 13. Instead, each party is entitled, without needing court permission, to only three things: a list of witnesses, a statement of the subject matter an expert will testify about, and a statement of the expert's opinions and the grounds for each one.
Parties can still work things out informally — the rule allows them to cooperate on discovery outside the formal process. If a party needs more than the automatic disclosures allow, the rule gives the judicial authority discretion to order additional limited discovery on motion, so long as it serves the fair and summary handling of the case.
Frequently Asked Questions
Does the regular civil discovery process apply to habeas corpus cases in Connecticut?
No. Section 23-38(b) states that the provisions of Chapter 13 governing discovery and depositions do not apply to habeas corpus proceedings.
What discovery is a party entitled to without asking the court?
A witness list and, for any expert witness, a statement of the subject matter the expert will address and the opinions and grounds the expert will offer.
Can a habeas petitioner get more discovery than the witness list and expert disclosures?
Yes. The judicial authority may order additional limited discovery on motion if it will help the case move forward efficiently and without prejudice to either side.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 23-38). 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:discovery in habeas corpus Connecticuthabeas corpus witness list disclosureexpert witness disclosure habeas CTlimited discovery habeas petitionChapter 13 discovery habeas exception