There is a newer version of the Connecticut General Statutes
2011 Connecticut Code
Title 52 Civil Actions
Chapter 921 Replevin
Sec. 52-519. Form of writ, affidavit and bond.
Sec. 52-519. Form of writ, affidavit and bond. The writ in an action of replevin, and the accompanying affidavit and recognizance, may be in the following form:To any proper officer:
By authority of the state of Connecticut, you are hereby commanded, without delay, to cause to be replevied to A.B. of .... certain goods and chattels, to wit: .... of the value of (here insert the value as stated in the affidavit) dollars, now in the possession of C.D. of .... at .... and wrongfully detained by him, and (to attach the goods or estate of C.D., to the value of .... dollars and) him summon to appear before the superior court to be held at .... within and for the judicial district of .... on the .... Tuesday of ...., 20..; then and there to answer to A.B., in a civil action, in which the plaintiff complains and says:
(Here follows complaint.)
Hereof fail not, but make due service and return.Dated at ...., this .... day of ...., 20..
E.F., Commissioner of the Superior Court.
J.S., of ...., being duly sworn, deposes and says that he believes that A.B. of .... is entitled to the immediate possession of the following described goods and chattels, namely: ....; that the deponent knows the nature and value of said goods and chattels, and that their true and just value, as nearly as the deponent can estimate it, is .... dollars.
J.S.
E.F., Commissioner of the Superior Court.
A.B.
I.J.
X.Y.
Subscribed and taken before me,E.F., Commissioner of the Superior Court.
History: P.A. 78-280 substituted "judicial district" for "county"; P.A. 82-160 rephrased section and deleted a provision stating "Similar forms may be used in writs returnable before other courts."; (Revisor's note: In 2001 the references in this section to the date "19.." were changed editorially by the Revisors to "20.." to reflect the new millennium).
See Sec. 51-15 re rules of procedure in certain civil actions.
Form need not be literally followed; substantial compliance is sufficient. 45 C. 158, 159; 54 C. 314; 57 C. 193. Immaterial variance in copy of affidavit is not a ground of abatement. 65 C. 542. Cited. 70 C. 340. Estoppel against obligors in recognizance. 77 C. 181. Nominal damages in action on bond where defendant prevails on replevin. 96 C. 683. Service of writ without complaint constitutes fatal defect, which may not be amended. 97 C. 399; 98 C. 229. Reformation of bond denied where surety mistakenly gave bond which did not contain condition covering failure to prosecute to effect. 125 C. 440.
Cited. 6 CS 156.
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