Any party intending to raise any question of law which may be the subject of an appeal must either state the question distinctly to the judicial authority in a written trial brief under Section 5-1 or state the question distinctly to the judicial authority on the record before such party’s closing argument and within sufficient time to give the opposing counsel an opportunity to discuss the question. If the party fails to do this, the judicial authority will be under no obligation to decide the question. (See Secs. 877, 285A, P.B.1978-1997.)
Section 5-2.Raising Questions of Law Which May Be the Subject of an Appeal
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceThis rule requires a party who wants to preserve a legal question for appeal to state that question clearly to the judge, either in a trial brief or on the record before closing argument.
Full Text of Section 5-2
Amendment History
(P.B. 1998.)
Plain-English Summary
Section 5-2 tells parties how to preserve a question of law for a possible appeal. The party must state the question distinctly to the judicial authority in one of two ways: in a written trial brief filed under Section 5-1, or on the record before closing argument, with enough time left for opposing counsel to discuss it.
If a party skips this step, the judge has no obligation to rule on the question at all.
Frequently Asked Questions
How do I preserve a legal question for appeal under Connecticut Section 5-2?
State the question distinctly to the judicial authority, either in a written trial brief under Section 5-1 or on the record before closing argument, with time for opposing counsel to respond.
What happens if a party doesn’t raise the legal question this way?
The judicial authority is under no obligation to decide the question if the party fails to state it as the rule requires.
Does the question have to be raised before closing argument?
Yes, if raised on the record rather than in a brief, it must come before closing argument and with enough time for opposing counsel to discuss it.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 5-2). 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: preserving issue for appeal CTraising question of law at trialtrial brief for appeal purposesstating legal question on the record