Conn. Gen. Stat. § 45a-187

Current with legislation from 2024 effective through June 4, 2024.

Section 45a-187 - (Formerly Sec. 45-289). Time of taking appeals

(a) An appeal by persons of the age of majority who are present or who have legal notice to be present, or who have been given notice of their right to request a hearing or have filed a written waiver of their right to a hearing, shall be taken within the time provided in section 45a-186, except as otherwise provided in this section. If such persons have no notice to be present and are not present, or have not been given notice of their right to request a hearing, such appeal shall be taken within twelve months, except for appeals by such persons from an order of termination of parental rights, other than an order of termination of parental rights based on consent, or a decree of adoption, in which case appeal shall be taken within ninety days. An appeal from an order of termination of parental rights based on consent, which order is issued on or after October 1, 2004, shall be taken within twenty days. The appeal periods set forth in this section shall be calculated from the date on which the court sent the order, denial or decree by mail or the date on which the court transmitted the order, denial or decree by electronic service, whichever is later.

(b) An order, denial or decree of a Probate Court shall not be invalid because of the disqualification of the judge unless an appeal therefrom is taken within the time provided in this section and sections 45a-186 and 45a-188.

(1949 Rev., S. 7072; 1953, S. 2948d; P.A. 74-164, S. 12, 20; P.A. 80-476, S. 93; P.A. 98-219, S. 25; P.A. 04-128, S. 1; P.A. 05-288, S. 151; P.A. 11-128, S. 13.)

Amended by P.A. 19-0047,S. 13 of the Connecticut Acts of the 2019 Regular Session, eff. 6/26/2019.

Amended by P.A. 11-0128, S. 13 of the the 2011 Regular Session, eff. 10/1/2011.

Annotations to former section 45-289: Appeal must be taken within the time from each particular decree. 2 R. 74; 107 Conn. 356. That appeal is not taken in time must be pleaded in abatement. 2 D. 21. That appellant had notice and was present need not appear from record of Probate Court, but may be proved by parol. 29 C. 563. Party not estopped from appealing when he had no statutory notice of probate of will, although the time limitation for appeal commences to run date decree is entered and, after full hearing trustee attended, there is no requirement that he be present when court makes its decision and renders its order. 155 C. 413. Cited. 162 C. 477; 163 Conn. 439. When written waiver of notice is filed, notice requirement of section is satisfied. 169 C. 382. Statute is subject to implied requirement that court give notice of its decree before appeal period becomes operative. 178 C. 189. Cited. 185 Conn. 25; Id., 495; 204 Conn. 760; 208 Conn. 606. Cited. 20 Conn.App. 58. What constitutes legal notice. 8 CS 254. Publication in newspaper held to be legal notice. Id., 261. Cited. 18 CS 481. "No notice to be present" means legal, not active notice. 19 Conn.Supp. 104. The term "no notice to be present" does not mean actual but legal notice to be present; legal notice to nonresidents is notice given upon order of the court. 22 CS 232. Where appellant had filed motion for appeal within time limited but Probate Court allowed it 6 days later without allotted time, plea in abatement to jurisdiction was overruled as fault was not appellant's. 28 CS 49. Cannot be circumvented by a motion to become party to another's timely made appeal. Id., 392. Annotations to present section: Cited. 37 Conn.App. 137. Aggrieved party who files proper motion for appeal within statutory time period is not deprived of right to appeal because probate judge does not perform ministerial act of granting allowance of appeal until after the time period has passed. 82 CA 468.

See Sec. 51-53 re court clerks' duty to give notice of court decrees.