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Section 25-46.—Summary Judgment as to Writ of Habeas Corpus

Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026

In one sentenceThis section allows summary judgment on a habeas petition once the pleadings are closed, on the usual standard of no genuine issue of material fact.

Full Text of Section 25-46

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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.
End

Amendment History

(P.B. 1998.)

Plain-English Summary

At any time after the pleadings are closed, any party may move for summary judgment on the habeas petition. It is 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 that the moving party is entitled to judgment as a matter of law.

Either side may move, so the device can end a petition that cannot succeed on the facts, or grant relief where the respondent has no answer to them.

Frequently Asked Questions

Is summary judgment available in a Connecticut family habeas case?

Yes. At any time after the pleadings are closed, any party may move for summary judgment.

What is the standard?

That the pleadings, affidavits and other 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.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 25-46). 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: summary judgment habeas corpus Connecticut familyPractice Book section 25-46