Social Services; Additional

Duties (a) Under the supervision and direction of the judicial authority, a family relations counselor shall, where there is a motion for change of cus- tody of a child, or where his or her knowledge of the family situation causes him or her to believe that the welfare of the child requires a hearing on a change of custody, upon direction of the judicial authority, be permitted to investigate the domestic and financial situation of the parties and report his or her findings. The judicial authority may thereafter, on its own motion if necessary, hold a hearing thereon after such notice to the parties as it deems proper. (b) Under the supervision and direction of the judicial authority, the family relations counselor shall conduct such investigations or mediation conferences in domestic relations matters as may be directed by the judicial authority. (c) Under the supervision and direction of the judicial authority, the family relations counselor may, where necessary, bring an application to the court for a rule requiring a party to appear before the court to show cause why such party should not be held in contempt for failure to comply with an order of the judicial authority for visitation. (d) Family relations caseworkers, family rela- tions counselors and support enforcement officers shall investigate all criminal matters involving fam- ily relations cases referred to them by the prose- cuting attorney or by the judicial authority. (P.B. 1978-1997, Sec. 481A.) 322 © Copyrighted by the Secretary of the State of the State of Connecticut SUPERIOR COURT—PROCEDURE IN FAMILY SUPPORT MAGISTRATE MATTERS Sec. 25a-1 SUPERIOR COURT—PROCEDURE IN FAMILY SUPPORT MAGISTRATE MATTERS CHAPTER 25a FAMILY SUPPORT MAGISTRATE MATTERS Sec. 25a-1. 25a-1A. 25a-2. 25a-3. 25a-4. 25a-5. 25a-6. 25a-7. 25a-8. 25a-9. 25a-10. 25a-11. 25a-12. 25a-13. 25a-14. Family Support Magistrate Matters; Procedure Notice of Title IV-D Child Support Enforcement Services Prompt Filing of Appearance Withdrawal of Appearance; Duration of Appearance Telephonic Hearings Signing of Pleading Contents of Petition Automatic Orders upon Service of Petition Order of Notice Motions —Motion To Cite in New Parties Answer to Cross Petition Order of Pleadings Reclaims —Continuances when Counsel’s Presence or Sec. 25a-16. 25a-17. 25a-18. 25a-19. 25a-20. 25a-21. 25a-22. 25a-23. 25a-24. 25a-25. 25a-26. 25a-27. 25a-28. 25a-29. 25a-15. Statements To Be Filed Oral Argument Required Opening Argument Motion To Open Judgment of Parentage by Acknowledgment Modification of Alimony or Support Standard Disclosure and Production Medical Evidence Experts Interrogatories; In General Answers to Interrogatories Requests for Production, Inspection and Examination; In General Order for Compliance; Failure To Answer or Comply with Order Continuing Duty To Disclose Depositions; In General —Place of Deposition Appeal from Decision of Family Support Magistrate 25a-30. Support Enforcement Services COMMENTARY—August, 2010: This new chapter is intended to clarify what rules of practice are specifically incorporated in the family support magistrate court rules and what rules are exclusive only to the family support magistrate court. They include rules that mirror, to the extent possible, the language of the Superior Court rules but are in an exclusive new section based upon the sense that they vary sufficiently such that it was more efficacious to provide them as separate rules. Sec. 25a-1. Family Support Magistrate Mat- ters; Procedure (a) In addition to the specific procedures set out in this chapter, the following provisions shall govern the practice and procedure in all family support magistrate matters, whether heard by a family support magistrate or any other judicial authority. The term ‘‘judicial authority’’ and the word ‘‘judge’’ as used in the rules referenced in include family support magis- this section shall trates where applicable, unless specifically other- wise designated. The word ‘‘complaint’’ as used in the rules referenced in this section shall include petitions and applications filed in family support magistrate matters. (1) General Provisions: (A) Chapters 1, 2, 5, 6 and 7 in their entirety; (B) Chapter 3, in its entirety except subsection (b) of Section 3-2 and Section 3-9; (C) Chapter 4, in its entirety except subsections (a) and (b) of Section 4-2; (2) Procedure in Civil Matters: (A) Chapter 8, Sections 8-1 and 8-2; (B) Chapter 9, Sections 9-1 and 9-18 through 9-20; (C) Chapter 10, Sections 10-1, 10-3 through 10-5, 10-7, 10-10, 10-12 through 10-14, 10-17, 10-26, 10-28, subsections (a) and (c) of Section 10-30, 10-31 through 10-34, subsection (b) of Section 10-39, 10-40, 10-43 through 10-45 and 10-59 through 10-68; (D) Chapter 11, Sections 11-1 through 11-8, 11-10 through 11-12 and 11-19; (E) Chapter 12, in its entirety; (F) Chapter 13, Sections 13-1 through 13-3, 13- 5, 13-8, 13-10 except subsection (c), 13-11A, 13- 21 except subdivision (13) of subsection (a), sub- sections (a), (e), (f), (g) and (h) of Section 13-27, and Sections 13-28, 13-28A and 13-30 through 13-32; (G) Chapter 14, Sections 14-1 through 14-3, 14-9, 14-15, 14-17, 14-18, 14-24 and 14-25; (H) Chapter 15, Sections 15-3, 15-5, 15-7 and 15-8; (I) Chapter 17, Sections 17-1, 17-4, 17-5, 17- 19, 17-21, subsection (a) of Section 17-33 and Section 17-41; (J) Chapter 18, Section 18-19; (K) Chapter 19, Section 19-19; (L) Chapter 20, Sections 20-1 and 20-3; 323 © Copyrighted by the Secretary of the State of the State of Connecticut Sec. 25a-1 SUPERIOR COURT—PROCEDURE IN FAMILY SUPPORT MAGISTRATE MATTERS (M) Chapter 23, Sections 23-20, 23-67 and 23-68. (3) Procedure in Family Matters: Chapter 25, Sections 25-1, 25-9, 25-12 through 25-22, 25-27, 25-33, 25-48, 25-54, 25-59, 25-59A, 25-61, 25-62 through 25-64 and 25-68. (b) Any pleading or motion filed in a family sup- port magistrate matter shall indicate, in the lower right hand corner of the first page of the document, that it is a family support magistrate matter. (c) Family support magistrate matters shall be placed on the family support magistrate matters list for hearing and determination. (d) Family support magistrate list matters shall be assigned automatically by the clerk without the necessity of a written claim. No such matters shall be so assigned unless filed at least five days before the opening of court on the day the list is to be called. (e) Family support magistrate list matters shall not be continued except by order of a judicial authority. (Adopted June 21, 2010, to take effect Aug. 1, 2010; amended June 14, 2013, to take effect Oct. 1, 2013; amended June 23, 2017, to take effect Jan. 1, 2018.) TECHNICAL CHANGE: Section 13-28A was added to the list of references in subparagraph (F) of subsection (a) (2). Sec. 25a-1A. Notice of Title IV-D Child Sup- port Enforcement Services (a) In any Title IV-D support case as defined by General Statutes § 46b-231, the Title IV-D agency, or one of its cooperative agencies, shall file a notice, on a form prescribed by the Office of the Chief Court Administrator, that the parties or child are receiving child support enforcement services. (b) Upon termination of child support enforce- ment services, the Title IV-D agency, or one of its cooperative agencies, shall file a notice, on a form prescribed by the Office of the Chief Court Administrator, that the Title IV-D support case is closed. (Adopted June 24, 2016, to take effect Jan. 1, 2017.) Sec. 25a-2. Prompt Filing of Appearance An appearance in Title IV-D child support mat- ters should be filed promptly but may be filed at any stage of the proceeding. (Adopted June 21, 2010, to take effect Aug. 1, 2010.) (Sec. 25a-2 was temporarily assigned the number 25a-1A in the Connecticut Law Journal of July 13, 2010.) Sec. 25a-3. Withdrawal of Appearance; Dura- tion of Appearance (a) An attorney or party whose appearance has been filed shall be deemed to have withdrawn such appearance upon failure to file a written objection within ten days after written notice has been given or mailed to such attorney or party that a new appearance has been filed in place of the appearance of such attorney or party in accordance with Section 3-8. 324 (b) An attorney may withdraw his or her appear- ance for a party or parties in any action after the appearance of other counsel representing the same party or parties has been entered. An appli- cation for withdrawal in accordance with this sub- section shall state that such an appearance has been entered and that such party or parties are being represented by such other counsel at the time of the application. Such an application may be granted by the clerk as of course, if such an appearance by other counsel has been entered. (c) In addition to the grounds set forth in subsec- tions (a), (b), and (d), a lawyer who represents a party or parties on a limited basis in accordance with Section 3-8 (b) and has completed his or her representation as defined in the limited appear- ance, shall file a certificate of completion of limited appearance on Judicial Branch form JD-CL-122. The certificate shall constitute a full withdrawal of a limited appearance. Copies of the certificate must be served in accordance with Sections 10- 12 through 10-17 on the client, and all attorneys and self-represented parties of record. (d) All appearances of counsel shall be deemed to have been withdrawn 180 days after the entry of judgment in any action seeking a dissolution of marriage or civil union, annulment, or legal separa- tion, provided no appeal shall have been taken. In the event of an appeal or the filing of a motion to open a judgment within such 180 days, all appear- ances of counsel shall be deemed to have been withdrawn after final judgment on such appeal or motion or within 180 days after the entry of the ori- ginal judgment, whichever is later. Nothing herein shall preclude or prevent any attorney from filing a motion to withdraw with leave of the court during that period subsequent to the entry of judgment. In the absence of a specific withdrawal, counsel will continue of record for all postjudgment purposes until 180 days have elapsed from the entry of judg- ment or, in the event an appeal or a motion to open a judgment is filed within such 180 day period, until final judgment on that appeal or determination of that motion, whichever is later. (e) Except as provided in subsections (a), (b), (c), and (d) no attorney shall withdraw his or her appearance after it has been entered upon the rec- ord of the court without the leave of the court. (f) All appearances entered on behalf of parties for matters involving Title IV-D child support mat- ters shall be deemed to be for those matters only. (g) All appearances entered on behalf of parties in the family division of the Superior Court shall not be deemed appearances for any matter involv- ing a Title IV-D child support matter unless specifi- cally so designated. (Adopted June 21, 2010, to take effect Aug. 1, 2010; amended June 15, 2012, to take effect Jan. 1, 2013; amended © Copyrighted by the Secretary of the State of the State of Connecticut SUPERIOR COURT—PROCEDURE IN FAMILY SUPPORT MAGISTRATE MATTERS Sec. 25a-8 June 14, 2013, to take effect Oct. 1, 2013.) (Sec. 25a-3 was temporarily assigned the number 25a-2 in the Connecticut Law Journal of July 13, 2010.) Sec. 25a-4. Telephonic Hearings (a) In any case where mandated by law, the judicial authority shall upon written motion or on its own motion permit an individual to testify by telephone or other audio electronic means. (b) In any case where permitted by law, the judicial authority may, upon written motion or on its own motion, permit an individual to testify by telephone or other audio electronic means. (c) Upon an order for a telephonic hearing, the judicial authority shall set the date, time and place for such hearing and shall issue an order in con- nection therewith. (Adopted June 21, 2010, to take effect Aug. 1, 2010.) (Sec. 25a-4 was temporarily assigned the number 25a-2A in the Connecticut Law Journal of July 13, 2010.) Sec. 25a-5. Signing of Pleading (a) Every pleading and other paper of a party represented by an attorney shall be signed by at least one attorney of record in the attorney’s individual name. A party who is not represented by an attorney, and a support enforcement officer where appropriate, shall sign the pleadings and other papers. The name of the attorney, party or support enforcement officer who signs such docu- ment shall be legibly typed or printed beneath the signature. (b) The signing of any pleading, motion, objec- tion or request shall constitute a certificate that the signer has read such document, that to the best of the signer’s knowledge, information and belief there is good ground to support it, that it is not interposed for delay, and that the signer has complied with the requirements of Section 4-7 regarding personal identifying information. Each pleading and every other court-filed document shall set forth the signer’s telephone number and mailing address. (Adopted June 21, 2010, to take effect Aug. 1, 2010.) (Sec. 25a-5 was temporarily assigned the number 25a-2B in the Connecticut Law Journal of July 13, 2010.) Sec. 25a-6. Contents of Petition All petitions shall contain a concise statement of the facts constituting the cause of action, a demand for relief and the basis on which relief is sought. (Adopted June 21, 2010, to take effect Aug. 1, 2010.) (Sec. 25a-6 was temporarily assigned the number 25a-3 in the Con- necticut Law Journal of July 13, 2010.) Sec. 25a-7. Automatic Orders upon Service of Petition (a) The following automatic orders shall apply to both parties, with service of the automatic orders to be made with service of process of a petition for child support. An automatic order shall not apply if there is a prior, contradictory order of a judicial authority. The automatic orders shall 325 be effective with regard to the petitioner or the applicant upon the signing of the document initiat- ing the action (whether it be complaint, petition or application), and with regard to the respondent, upon service and shall remain in place during the pendency of the action, unless terminated, mod- ified, or amended by further order of a judicial authority upon motion of either of the parties: (1) Neither party shall cause the other party or the children who are the subject of the complaint, application or petition to be removed from any medical, hospital and dental insurance coverage, and each party shall maintain the existing medical, hospital and dental insurance coverage in full force and effect. (b) The automatic orders of a judicial authority as enumerated in subsection (a) shall be set forth immediately following the party’s requested relief in any complaint, petition or application, and shall set forth the following language in bold letters: If you do not follow or obey these orders you may be punished by contempt of court. If you object to these orders or would like to have them changed or modified while your case is pending, you have the right to a hearing by a judicial authority within a reasonable time. The clerk shall not accept for filing any complaint, peti- tion or application that does not comply with this subsection. (Adopted June 21, 2010, to take effect Aug. 1, 2010.) (Sec. 25a-7 was temporarily assigned the number 25a-4 in the Con- necticut Law Journal of July 13, 2010.) Sec. 25a-8. Order of Notice (a) On a petition for support or the establish- ment of parentage when the adverse party resides out of or is absent from the state or the where- abouts of the adverse party are unknown to the plaintiff or the applicant, any judicial authority or clerk of the court may make such order of notice as he or she deems reasonable. If such notice is by publication, it shall not include the automa- tic orders set forth in Section 25a-7, but shall, instead, include a statement that automatic orders have issued in the case pursuant to Section 25a- 7 and that such orders are set forth in the applica- tion or petition on file with the court. Such notice having been given and proved, the judicial author- ity may hear the application or petition if it finds that the adverse party has actually received notice that the application or petition is pending. If actual notice is not proved, the judicial authority in its discretion may hear the case or continue it for compliance with such further order of notice as it may direct. (b) With regard to any motion for modification or for contempt or any other motion requiring an order of notice, where the adverse party resides © Copyrighted by the Secretary of the State of the State of Connecticut Sec. 25a-8 SUPERIOR COURT—PROCEDURE IN FAMILY SUPPORT MAGISTRATE MATTERS out of or is absent from the state, any judicial authority or clerk of the court may make such order of notice as he or she deems reasonable. Such notice having been given and proved, the court may hear the motion if it finds that the adverse party has actually received notice that the motion is pending. (Adopted June 21, 2010, to take effect Aug. 1, 2010; amended June 14, 2024, to take effect Jan. 1, 2025.) (Sec. 25a-8 was temporarily assigned the number 25a-4A in the Connecticut Law Journal of July 13, 2010.) Sec. 25a-9. Motions (a) Any appropriate party may move for child support, appointment of counsel or guardian ad litem for the minor child, counsel fees, or for an order or enforcement of an order with respect to the maintenance of the family or for any other statutorily authorized relief. (b) Each such motion shall state clearly, in the caption of the motion, whether it is a pendente lite or a postjudgment motion. (Adopted June 21, 2010, to take effect Aug. 1, 2010.) (Sec. 25a-9 was temporarily assigned the number 25a-5 in the Con- necticut Law Journal of July 13, 2010.) Sec. 25a-10. —Motion To Cite in New Parties Any motion to cite in or to admit new parties must comply with Section 11-1 and state briefly the grounds upon which it is made. In Title IV-D child support matters, a motion to cite in or to admit new parties is limited to a parent, legal cus- todian or guardian. (Adopted June 21, 2010, to take effect Aug. 1, 2010.) (Sec. 25a-10 was temporarily assigned the number 25a-5A in the Connecticut Law Journal of July 13, 2010.) Sec. 25a-11. Answer to Cross Petition A plaintiff in a family support magistrate matter seeking to contest the grounds of a cross petition may file an answer admitting or denying the alle- gations of such cross petition or leaving the pleader to his or her proof. If a decree is rendered on the cross petition, the judicial authority may award to the plaintiff such relief as is claimed in the petition. (Adopted June 21, 2010, to take effect Aug. 1, 2010.) (Sec. 25a-11 was temporarily assigned the number 25a-6 in the Connecticut Law Journal of July 13, 2010.) Sec. 25a-12. Order of Pleadings The order of pleadings shall be: (1) the petition for establishment of parentage and/or a petition for support; the defendant’s motion to dismiss the (2) petition; (3) the defendant’s motion to strike the petition or claims for relief; (4) the defendant’s answer, cross petition and claims for relief; (5) the plaintiff’s motion to strike the defendant’s answer, cross petition, or claims for relief; (6) the plaintiff’s answer. (Adopted June 21, 2010, to take effect Aug. 1, 2010; amended June 14, 2024, to take effect Jan. 1, 2025.) (Sec. 25a-12 was temporarily assigned the number 25a-7 in the Connecticut Law Journal of July 13, 2010.) Sec. 25a-13. Reclaims If a motion has gone off the family support mag- istrate calendar without being adjudicated, any party may claim the motion for adjudication. If an objection to a request has gone off the family sup- port magistrate calendar without being adjudi- cated, the party who filed the request may claim the objection to the request for adjudication. Any party may claim for adjudication any motion or request initiated by support enforcement services that has gone off without being adjudicated and a support enforcement officer may claim any motion or request initiated by support enforce- ment services that has gone off without being adjudicated. (Adopted June 21, 2010, to take effect Aug. 1, 2010.) (Sec. 25a-13 was temporarily assigned the number 25a-8 in the Connecticut Law Journal of July 13, 2010.) Sec. 25a-14. —Continuances when Coun- sel’s Presence or Oral Argument Required Matters upon the short calendar list requiring oral argument or counsel’s presence shall not be continued except for good cause shown; and no such matter in which adverse parties are inter- ested shall be continued unless the parties shall agree thereto before the day of the short calen- dar session and notify the clerk, who shall make note thereof on the list of the judicial authority; in the absence of such agreement, unless the judi- cial authority shall otherwise order, any counsel appearing may argue the matter and submit it for decision or request that it be denied. (Adopted June 21, 2010, to take effect Aug. 1, 2010.) (Sec. 25a-14 was temporarily assigned the number 25a-8A in the Connecticut Law Journal of July 13, 2010.) Sec. 25a-15. Statements To Be Filed (a) At least five days before the hearing date of a motion or order to show cause concerning alimony, support, or counsel fees, or at the time a dissolution of marriage or civil union, legal sepa- ration or annulment action or action for custody or visitation is scheduled for a hearing, each party shall file, where applicable, a sworn statement substantially in accordance with a form prescribed by the chief court administrator, of current income, expenses, assets and liabilities. When the attor- ney general has appeared as a party in interest, a copy of the sworn statements shall be served 326 © Copyrighted by the Secretary of the State of the State of Connecticut SUPERIOR COURT—PROCEDURE IN FAMILY SUPPORT MAGISTRATE MATTERS Sec. 25a-18 upon him or her in accordance with Sections 10- 12 through 10-14 and 10-17. Unless otherwise ordered by the judicial authority, all appearing par- ties shall file sworn statements within thirty days prior to the date of the decree. Notwithstanding the above, the court may render pendente lite and permanent orders, including judgment, in the absence of the opposing party’s sworn statement. The provisions of Section 25-59A (h) shall apply to sworn statements filed under this subsection. (b) Where there is a minor child who requires support, the parties shall file a completed child support and arrearage guidelines worksheet at the time of any court hearing concerning child support. (c) At the time of any hearing, including pen- dente lite and postjudgment proceedings, in which a moving party seeks a determination, modifica- tion, or enforcement of any alimony or child sup- port order, a party shall submit an Advisement of Rights Re: Income Withholding form (JD-FM-71). to take effect Aug. 1, 2010; amended June 14, 2013, to take effect Jan. 1, 2014.) (Sec. 25a-15 was temporarily assigned the number 25a-9 in the Connecticut Law Journal of July 13, 2010.) (Adopted June 21, 2010, Sec. 25a-16. Opening Argument Instead of reading the pleadings, any party shall be permitted to make a brief opening statement at the discretion of the judicial authority, to apprise the trier in general terms as to the nature of the case being presented for trial. The judicial author- ity shall have discretion as to the latitude of the statements of the parties. (Adopted June 21, 2010, to take effect Aug. 1, 2010.) (Sec. 25a-16 was temporarily assigned the number 25a-10 in the Connecticut Law Journal of July 13, 2010.) Sec. 25a-17. Motion To Open Judgment of Parentage by Acknowledgment (Amended June 14, 2024, to take effect Jan. 1, 2025.) (a) Any signatory to an acknowledgement of parentage who wishes to challenge said acknowl- edgment pursuant to General Statutes § 46b-483 shall file a motion to open judgment, which shall state the statutory grounds upon which the motion is based and shall append a certified copy of the document containing the acknowledgment of par- entage to such motion. (b) Upon receipt of such motion to open and accompanying document, the clerk shall cause the matter to be docketed. (c) Any action to challenge an acknowledgment of parentage for which there is no other family court file involving the same parties shall be com- menced by an order to show cause accompanied by the motion to open judgment and the document containing the acknowledgment of parentage required by subsection (a) of this section. Upon presentation of the motion to open and the acknowledgment of parentage, the judicial author- ity shall cause an order to be issued requiring the adverse party or parties to appear on a day certain and show cause, if any there be, why the relief requested by the moving party should not be granted. The motion to open, acknowledgment of parentage and order shall be served on the adverse party not less than twelve days before the date of the hearing, which shall not be held more than thirty days from the filing of the challenge. (d) If the judicial authority determines that the moving party has met the burden of proof, the acknowledgment of parentage shall be set aside only if the judicial authority determines that doing so is in the best interest of the child, based on the relevant factors set forth in General Statutes § 46b-475. (e) Nothing in this section shall preclude an individual from filing a special defense of a chal- lenge to a parentage judgment, or a counterclaim in response to a petition for support. (Adopted June 21, 2010, to take effect Aug. 1, 2010; amended June 14, 2024, to take effect Jan. 1, 2025.) (Sec. 25a-17 was temporarily assigned the number 25a-11 in the Connecticut Law Journal of July 13, 2010.) Sec. 25a-18. Modification of Alimony or Support (a) Upon an application for a modification of an award of alimony or support of minor children, filed by a person who is then in arrears under the terms of such award, the judicial authority may, upon hearing, ascertain whether such arrear- age has accrued without sufficient excuse so as to constitute a contempt of court and, in its discre- tion, may determine whether any modification of current alimony and support shall be ordered prior to the payment, in whole or in part as the judicial authority may order, of any arrearage found to exist. (b) In Title IV-D matters, upon any motion to modify support for minor children, where the motion seeks to reduce the amount of support, the judicial authority may, upon hearing, ascertain whether such arrearage has accrued without suffi- cient excuse so as to constitute a contempt of court and, in its discretion, may determine whether any modification of current alimony and support shall be ordered prior to the payment, in whole or in part as the judicial authority may order, of any arrearage found to exist. (c) Either parent or both parents of minor chil- dren, or any individual receiving Title IV-D ser- vices from the state of Connecticut may be cited or summoned by any party to the action, or in Title IV-D matters by support enforcement services of 327 © Copyrighted by the Secretary of the State of the State of Connecticut Sec. 25a-18 SUPERIOR COURT—PROCEDURE IN FAMILY SUPPORT MAGISTRATE MATTERS the Judicial Branch, to appear and show cause why orders of support or alimony should not be entered or modified. (d) In matters where the parties, or other individ- uals pursuant to subsection (b) of this section, to a child support order are receiving Title IV-D services from the state of Connecticut, support enforcement services of the Judicial Branch may initiate a motion to modify an existing child support order pursuant to General Statutes § 46b-231 (s) (4) and, in connection with such motion, may issue an order and summons and assign a date for a hearing on such motion. (e) If any applicant, other than support enforce- ment services of the Judicial Branch, is proceed- ing without the assistance of counsel and citation of any other party is necessary, the applicant shall sign the application and present the application, proposed order and summons to the clerk; the clerk shall review the proposed order and sum- mons and, unless it is defective as to form, shall sign the proposed order and summons and shall assign a date for a hearing on the application. (f) Each motion for modification shall state the specific factual and statutory basis for the claimed modification and shall include the outstanding order and date thereof to which the motion for modification is addressed. (g) On motions addressed to financial issues, the provisions of Section 25-30 (a), (e) and (f) shall be followed. (Adopted June 21, 2010, to take effect Aug. 1, 2010.) (Sec. 25a-18 was temporarily assigned the number 25a-12 in the Connecticut Law Journal of July 13, 2010.) Sec. 25a-19. Standard Disclosure and Pro- duction (a) Upon request by a party or as ordered by the judicial authority, opposing parties shall exchange the following documents within thirty days of such request or such order: (1) all federal and state income tax returns filed within the last three years, including personal returns and returns filed on behalf of any partner- ship or closely held corporation of which a party is a partner or shareholder; (2) IRS forms W-2, 1099 and K-1 within the last three years including those for the past year if the income tax returns for that year have not been prepared; (3) copies of all pay stubs or other evidence of income for the current year and the last pay stub from the past year; (4) statements for all accounts maintained with any financial institution, including banks, brokers and financial managers, for the past twenty-four months; (5) the most recent statement showing any inter- est in any Keogh, IRA, profit sharing plan, deferred compensation plan, pension plan, or retirement account; (6) the most recent statement regarding any insurance on the life of any party; (7) a summary furnished by the employer of the party’s medical insurance policy, coverage, cost of coverage, spousal benefits, and COBRA costs following dissolution; (8) any written appraisal concerning any asset owned by either party. (b) Such duty to disclose shall continue during the pendency of the action should a party appear. This section shall not preclude discovery under any other provisions of these rules. (Adopted June 21, 2010, to take effect Aug. 1, 2010.) (Sec. 25a-19 was temporarily assigned the number 25a-13 in the Connecticut Law Journal of July 13, 2010.) Sec. 25a-20. Medical Evidence A party who plans to offer a hospital record in evidence shall have the record in the clerk’s office twenty-four hours prior to trial. Counsel must rec- ognize their responsibility to have medical testi- mony available when needed and shall, when necessary, subpoena medical witnesses to that end. (Adopted June 21, 2010, to take effect Aug. 1, 2010.) (Sec. 25a-20 was temporarily assigned the number 25a-14 in the Connecticut Law Journal of July 13, 2010.) Sec. 25a-21. Experts As soon as is practicable, if a party, including the state of Connecticut, is going to rely on in- court expert testimony, that party shall provide notice to all opposing parties, but said notice shall not be provided less than fourteen days before the hearing. Discovery, facts unknown, and opinions held by experts may be ordered disclosed by the judicial authority on such terms and conditions as the judicial authority deems reasonable. (Adopted June 21, 2010, to take effect Aug. 1, 2010.) (Sec. 25a-21 was temporarily assigned the number 25a-15 in the Connecticut Law Journal of July 13, 2010.) Sec. 25a-22. Interrogatories; In General (a) In any action in the family support magistrate division to establish, enforce or modify a child support order, upon motion of any party and when the judicial authority deems it necessary, any party may be required to answer all or part of the interrogatories set forth in Form 207 of the rules of practice, which is printed in the Appendix of Forms in this volume. (b) In any parentage action before the family support magistrate division, interrogatories may only be served upon a party where the judicial authority deems it necessary. 328 © Copyrighted by the Secretary of the State of the State of Connecticut SUPERIOR COURT—PROCEDURE IN FAMILY SUPPORT MAGISTRATE MATTERS Sec. 25a-25 (c) For good cause shown, in postjudgment matters, the judicial authority may upon motion authorize further discovery. (Adopted June 21, 2010, to take effect Aug. 1, 2010; amended June 14, 2024, to take effect Jan. 1, 2025.) (Sec. 25a-22 was temporarily assigned the number 25a-15A in the Connecticut Law Journal of July 13, 2010.) Sec. 25a-23. Answers to Interrogatories (a) Any such interrogatories shall be answered under oath by the party to whom directed and such answers shall not be filed with the court but shall be served within sixty days after the date of certification of service, in accordance with Sec- tions 10-12, 10-14 and 10-17, of the interrogato- ries or, if applicable, the notice of interrogatories on the answering party, unless: (1) Counsel file with the court a written stipula- tion extending the time within which answers or objections may be served; or (2) The party to whom the interrogatories are directed, after service in accordance with Sections 10-12, 10-14 and 10-17, files a request for exten- sion of time, for not more than thirty days, within the initial sixty day period. Such request shall con- tain a certification by the requesting party that the case has not been assigned for trial. Such request shall be deemed to have been automatically granted by the judicial authority on the date of filing, unless within ten days of such filing the party who has served the interrogatories or the notice of interrogatories shall file objection thereto. A party shall be entitled to one such request for each set of interrogatories directed to that party; or (3) Upon motion, the judicial authority allows a longer time. (b) The party answering interrogatories shall attach a cover sheet to the answers. The cover sheet shall comply with Sections 4-1 and 4-2 and shall state that the party has answered all of the interrogatories or shall set forth those interrog- atories to which the party objects and the rea- sons for objection. The cover sheet and the answers shall not be filed with the court unless the responding party objects to one or more inter- rogatories, in which case only the cover sheet shall be so filed. (c) All answers to interrogatories shall repeat immediately before each answer the interrogatory being answered. Answers are to be signed by the person making them. The party serving the interrogatories or the notice of interrogatories may move for an order under Section 25a-25 with respect to any failure to answer. (Adopted June 21, 2010, to take effect Aug. 1, 2010; amended June 23, 2017, to take effect Jan. 1, 2018.) (Sec. 25a-23 was temporarily assigned the number 25a-16 in the Connecticut Law Journal of July 13, 2010.) Sec. 25a-24. Requests for Production, Inspection and Examination; In General (a) Upon motion and by order of the judicial authority, requests for production may be served upon any party at any time after the return day. (b) If data has been electronically stored, the judicial authority may for good cause shown order disclosure of the data in an alternative format pro- vided the data is otherwise discoverable. When the judicial authority considers a request for a particular format, the judicial authority may con- sider the cost of preparing the disclosure in the requested format and may enter an order that one or more parties shall pay the cost of preparing the disclosure. (c) The party serving such request or notice of requests for production shall not file it with the court. (d) A party seeking the production of a written authorization in compliance with the Health Insur- ance Portability and Accountability Act to inspect and make copies of protected health information, or a written authorization in compliance with the Public Health Service Act to inspect and make copies of alcohol and drug records that are pro- tected by that act, shall file a motion pursuant to Section 13-11A. (Adopted June 21, 2010, to take effect Aug. 1, 2010.) (Sec. 25a-24 was temporarily assigned the number 25a-17 in the Connecticut Law Journal of July 13, 2010.) Sec. 25a-25. Order for Compliance; Failure To Answer or Comply with Order (a) If any party has failed to answer interrogato- ries or to answer them fairly, or has intentionally answered them falsely or in a manner calculated to mislead, or has failed to respond to requests for production or has failed to comply with the provisions of Section 25a-26, or has failed to appear and to testify at a deposition duly noticed pursuant to this chapter, or has failed otherwise substantially to comply with any other discovery order made pursuant to Section 13-8, 13-10 except subsection (c), 25a-22, 25a-23 or 25a-24, the judi- cial authority may make such order as appro- priate. (b) Such orders may include the following: (1) The entry of a nonsuit or default against the party failing to comply; (2) The award to the discovering party of the costs of the motion, including a reasonable attor- ney’s fee; (3) The entry of an order that the matters regard- ing which the discovery was sought or other desig- nated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order; 329 © Copyrighted by the Secretary of the State of the State of Connecticut Sec. 25a-25 SUPERIOR COURT—PROCEDURE IN FAMILY SUPPORT MAGISTRATE MATTERS (4) The entry of an order prohibiting the party who has failed to comply from introducing desig- nated matters in evidence; (5) If the party failing to comply is the plaintiff, the entry of a judgment of dismissal. (Adopted June 21, 2010, to take effect Aug. 1, 2010.) (Sec. 25a-25 was temporarily assigned the number 25a-18 in the Connecticut Law Journal of July 13, 2010.) Sec. 25a-26. Continuing Duty To Disclose If, subsequent to compliance with any request or order for discovery at any time the matter is before the court, a party discovers additional or new material or information previously requested and ordered subject to discovery or inspection or discovers that the prior compliance was totally or partially incorrect or, though correct when made, is no longer true and the circumstances are such that a failure to amend the compliance is in sub- stance a knowing concealment, that party shall promptly notify the other party, or the other party’s attorney, and file and serve in accordance with Sections 10-12, 10-14 and 10-17 a supplemental or corrected compliance. (Adopted June 21, 2010, to take effect Aug. 1, 2010.) (Sec. 25a-26 was temporarily assigned the number 25a-19 in the Connecticut Law Journal of July 13, 2010.) Sec. 25a-27. Depositions; In General In addition to other provisions for discovery and subject to the provisions of Sections 13-2, 13-3 and 13-5, any party who has appeared in any Title IV-D matter or in any matter under General Statutes §§ 46b-301 through 46b-425 where the judicial authority finds it reasonably probable that evidence outside the record will be required, may, at any time after the commencement of the action or proceeding, in accordance with the procedures set forth in this chapter, take the testimony of any person, including a party, by deposition upon oral examination. The attendance of witnesses may be compelled by subpoena as provided in Section 13-28A. The attendance of a party deponent or of an officer, director, or managing agent of a party may be compelled by notice to the named person or such person’s attorney in accordance with the requirements of Section 13-27 (a). The deposition of a person confined in prison may be taken only by leave of the judicial authority on such terms as the judicial authority prescribes. Leave of the court for such a deposition is required. Motions for the taking of a deposition shall include the proposed notice of the deposition and the identification of such documents or other tangible evidence as may be sought to be subpoe- naed. Only those documents or other tangible evi- dence approved by the judicial authority shall be permitted to be subpoenaed from the deponent. (Adopted June 21, 2010, to take effect Aug. 1, 2010.) (Sec. 25a-27 was temporarily assigned the number 25a-19A in the Connecticut Law Journal of July 13, 2010.) TECHNICAL CHANGE: The reference in the second sen- tence was updated. Sec. 25a-28. —Place of Deposition (a) Any party who is a resident of this state may be compelled by notice as provided in Section 13- 27 (a) to give a deposition at any place within the county of such party’s residence, or within thirty miles of such residence, or at such other place as is fixed by order of the judicial authority. A plaintiff who is a resident of this state may also be compelled by like notice to give a deposition at any place within the county where the action is commenced or is pending. (b) Except as otherwise required by law, a plain- tiff who is not a resident of this state may be compelled by notice under Section 13-27 (a) to attend at the plaintiff’s expense an examination in the county of this state where the action is commenced or is pending or at any place within thirty miles of the plaintiff’s residence or within the county of his or her residence or in such other place as is fixed by order of the judicial authority. (c) Except as otherwise required by law, a defendant who is not a resident of this state may be compelled: (1) By subpoena to give a deposition in any county in this state in which the defendant is per- sonally served, or (2) By notice under Section 13-27 (a) to give a deposition at any place within thirty miles of the defendant’s residence or within the county of his or her residence or at such other place as is fixed by order of the judicial authority. (d) A nonparty deponent may be compelled by subpoena served within this state to give a deposi- tion at a place within the county of his or her residence or within thirty miles of the nonparty deponent’s residence, or if a nonresident of this state within any county in this state in which he or she is personally served, or at such other place as is fixed by order of the judicial authority. (e) In this section, the terms ‘‘plaintiff’’ and ‘‘defendant’’ include officers, directors and man- aging agents of corporate plaintiffs and corporate defendants or other persons designated under Section 13-27 (h) as appropriate. (f) If a deponent is an officer, director or man- aging agent of a corporate party, or other person designated under Section 13-27 (h), the place of examination shall be determined as if the resi- dence of the deponent were the residence of the party. (Adopted June 21, 2010, to take effect Aug. 1, 2010.) (Sec. 25a-28 was temporarily assigned the number 25a-19B in the Connecticut Law Journal of July 13, 2010.) 330 © Copyrighted by the Secretary of the State of the State of Connecticut SUPERIOR COURT—PROCEDURE IN FAMILY SUPPORT MAGISTRATE MATTERS Sec. 25a-30 Sec. 25a-29. Appeal from Decision of Family Support Magistrate Any person who is aggrieved by a final decision of a family support magistrate may appeal such decision in accordance with the provisions of Gen- eral Statutes § 46b-231. The appeal shall be insti- tuted by the filing of a petition which shall include the reasons for the appeal. (Adopted June 21, 2010, to take effect Aug. 1, 2010.) (Sec. 25a-29 was temporarily assigned the number 25a-20 in the Connecticut Law Journal of July 13, 2010.) Sec. 25a-30. Support Enforcement Services In cases where the payment of alimony and/or support has been ordered, a support enforcement officer, where provided by statute, shall: (a) Whenever there is a default in any payment of alimony or support of children under judgments of dissolution of marriage or civil union or separa- tion, or of support under judgments of support, where necessary, (1) initiate and facilitate, but not advocate on behalf of either party, an application to a family support magistrate and issue an order requiring said party to appear before a family sup- port magistrate to show cause why such party should not be held in contempt, or (2) take such other action as is provided by rule or statute. (b) Review child support orders (1) in non-TFA Title IV-D cases at the request of either parent or custodial party subject to a support order, or upon receipt of information indicating a substantial change in circumstances of any party to the sup- port order, (2) in TFA cases, at the request of the office of child support services, (3) as necessary to comply with federal requirements for the child support enforcement program mandated by Title IV-D of the Social Security Act, and initiate and facilitate, but not advocate on behalf of either party, an action before a family support magistrate to modify such support order if it is determined upon such review that the order substantially devi- ates from the child support guidelines established pursuant to General Statutes § 46b-215a or § 46b-215b. The requesting party shall have the right to such review every three years without proving a substantial change in circumstances; more frequent reviews shall be made only if the requesting party demonstrates a substantial change in circumstances. (c) In connection with subsection (a) or (b) above, or at any other time upon direction of a investigate (1) the family support magistrate, financial situation of the parties, using all appro- priate information and resources available to the Title IV-D child support program, including infor- mation obtained through electronic means from state and federal sources in the certified child support system, or (2) information about the status of participation in programs that increase the par- ty’s ability to fulfill the duty of support, and report his or her findings thereon to a family support magistrate and to the parties and upon direction of a family support magistrate facilitate agreements between parties. (Adopted June 21, 2010, to take effect Aug. 1, 2010.) (Sec. 25a-30 was temporarily assigned the number 25a-21 in the Connecticut Law Journal of July 13, 2010.) 331 © Copyrighted by the Secretary of the State of the State of Connecticut