(a) The petitioner and, if they are not the same, the subject of the petition, shall have the right to be present at any evidentiary hearing and at any hearing or oral argument on a question of law which may be dispositive of the case, unless the petitioner, or the subject of the petition, as the case may be, waives such right or is excused by the judicial authority for good cause shown. If the petitioner is represented by counsel, the judicial authority may, but is not required to, permit the petitioner to be present at any other proceeding.
Section 23-40.—Court Appearance in Habeas Corpus
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceThis rule gives the petitioner and the confined person the right to attend evidentiary hearings and dispositive arguments in habeas cases, unless waived or excused, and allows conditions-of-confinement cases to proceed by audiovisual device.
Full Text of Section 23-40
(b) Notwithstanding any other provision of these rules, in a petition arising from a claim regarding conditions of confinement the physical appearance in court of the petitioner or the subject of the petition may, in the discretion of the judicial authority, be made by means of an interactive audiovisual device. Such audiovisual device must operate so that the petitioner, or the subject of the petition, his or her attorney, if any, and the judicial authority can see and communicate with each other simultaneously. In addition, a procedure by which the petitioner and his or her attorney can confer in private must be provided.
Amendment History
(P.B. 1978-1997, Sec. 529S.) (Amended June 28, 1999, to take effect Jan. 1, 2000.)
Plain-English Summary
The petitioner, and the person confined if that is someone else, has the right to be present at any evidentiary hearing and at any hearing or oral argument on a legal question that could decide the case. That right falls away only if the person waives it or the judicial authority excuses attendance for good cause. When the petitioner has a lawyer, the court has discretion — but no obligation — to let the petitioner attend other proceedings too.
For petitions challenging conditions of confinement, the judicial authority may allow the petitioner or confined person to appear by interactive audiovisual device instead of in person. The equipment must let the petitioner, counsel, and the judicial authority see and speak with each other at the same time, and the court must provide a way for the petitioner and counsel to confer privately.
Frequently Asked Questions
Does a habeas petitioner have the right to attend the evidentiary hearing?
Yes. The petitioner and, if different, the subject of the petition have the right to be present at any evidentiary hearing and at any dispositive hearing or oral argument, unless that right is waived or excused for good cause.
Can a habeas petitioner appear by video instead of in person?
In a case involving conditions of confinement, the judicial authority may allow appearance by an interactive audiovisual device that lets everyone see and communicate simultaneously and that provides a way to confer privately with counsel.
Can represented petitioners attend other, non-evidentiary proceedings?
The judicial authority may permit it but is not required to when the petitioner is represented by counsel.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 23-40). 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: court appearance habeas corpus Connecticutright to be present habeas hearingvideo appearance habeas conditions of confinementinteractive audiovisual device habeaspetitioner presence evidentiary hearing