2005 Connecticut Code - Sec. 52-278j. Dismissal or withdrawal of prejudgment remedy.

      Sec. 52-278j. Dismissal or withdrawal of prejudgment remedy. (a) If an application for a prejudgment remedy is granted but the plaintiff, within thirty days thereof, does not serve and return to court the writ, summons and complaint for which the prejudgment remedy was allowed, the court shall dismiss the prejudgment remedy.

      (b) If an application for a prejudgment remedy is denied and the plaintiff, within thirty days thereof, does not serve and return to court the writ of summons and complaint for which the prejudgment remedy was requested, or if a date for a hearing upon a prejudgment remedy is scheduled by the clerk and such hearing is not commenced within thirty days thereof, except as provided in section 52-278e, the court shall order the application to be considered as having been withdrawn.

      (c) An application for a prejudgment remedy or a prejudgment remedy which is granted but not served may be withdrawn in the same manner as a civil cause of action.

      (P.A. 76-21, S. 1-3; P.A. 78-36; P.A. 91-315, S. 3, 5.)

      History: P.A. 78-36 allowed application to be considered as withdrawn if hearing date is scheduled and hearing is not commenced within ninety days of that date in Subsec. (b); P.A. 91-315 amended Subsec. (a) to reduce the time period from "ninety days" to "thirty days" and to make the dismissal by the court mandatory rather than discretionary and amended Subsec. (b) to reduce the time periods from "ninety days" to "thirty days" and to make the court's action in ordering the withdrawal of the application mandatory rather than discretionary.

      Cited. 186 C. 295, 297, 299 (Diss. Op.), 300 (Diss. Op.). Cited. 188 C. 69, 88.

      Cited. 34 CA 303, 307.

      Cited. 38 CS 98, 102.

      Subsec. (a):

      Cited. 186 C. 295, 297.

      Cited. 34 CA 303, 305.