counterclaim or cross complaint but nevertheless

Connecticut Practice Book

Rule: 61-6

Jurisdiction: CT

Bluebook Citation: Conn. P.B. 61-6

disposes of all causes of action in that pleading brought by or against a particular party or parties. In the event that the party aggrieved by a judg- ment described in (1) or (2) above elects to defer the taking of the appeal until the disposition of the entire case, the aggrieved party must, within the appeal period provided by statute, or, if there is no applicable statutory appeal period, within twenty days after issuance of notice of the judgment described in (1) or (2) above, file in the trial court a notice of intent to appeal the judgment, accom- panied by a certification that a copy thereof has been delivered to each counsel of record in accordance with the provisions of Section 62-7. When a notice of intent to appeal has been filed in accordance with this subsection, an objection to the deferral of the appeal may be made by (1) any party who, after the rendering of judgment on an entire complaint counterclaim or cross com- plaint, is no longer a party to any remaining com- plaint, counterclaim or cross complaint, or (2) any party who, by virtue of a judgment on a portion of any complaint, counterclaim or cross complaint, is no longer a party to that complaint, counterclaim or cross complaint. Objection shall be filed in the trial court, within twenty days of the filing of the notice of intent to appeal, accompanied by a certi- fication that a copy thereof has been delivered to each counsel of record in accordance with the provisions of Section 62-7. When such a party has filed a notice of objection to the deferral of the appeal, the appeal shall not be deferred, and the appellant shall file the appeal within twenty days of the filing of such notice of objection. (b) Effect of failure to file notice of intent to appeal when required; effect of filing notice of intent to appeal when not required If an aggrieved party, without having filed a timely notice of intent to appeal, files an appeal claiming that a judgment described in (1) or (2) of subsection (a) of this section was rendered improperly, the issues relating to such earlier judg- ment will be subject to dismissal as untimely. The use of the notice of intent to appeal is abol- ished in all instances except as provided in sub- section (a) of this section, which sets forth the two instances in which a notice of intent must be filed. Except as provided in subsection (a), the filing of a notice of intent to appeal will preserve no appeal rights. (P.B. 1978-1997, Sec. 4002D.) (Amended Sept. 16, 2015, to take effect Jan. 1, 2016.)

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