Motion to Dismiss
(Insufficient Service of Process) (CT)

Summary

This template is a pre-answer motion to dismiss a civil action in Connecticut superior court on the ground that the defendant was not properly served with process. This template includes practical guidance and drafting notes. The defendant may challenge the sufficiency of the process (i.e., the summons) or the sufficiency of service of process by filing a motion to dismiss. See Conn. Practice Book § 10-30(a)(3), (4). A motion to dismiss for insufficiency of process or service must be filed in "due order" (i.e., before filing an answer or other responsive motion, such as a motion to strike) and no later than 30 days after the filing of an appearance. See Conn. Practice Book §§ 10-6, 10-7, 10-30(b). Failure to do so results in a waiver of any claim of insufficient process or service of process. See Conn. Practice Book §§ 10-7, 10-32; Pitchell v. Hartford, 247 Conn. 422, 433, 722 A.2d 797 (1999); Birkhamshaw v. Socha, 156 Conn. App. 453, 466, 115 A.3d 1 (2015). However, the general waiver rule for failure to comply with the 30-day deadline does not apply to situations in which there has been no service of process or attempt at service and the defendant has not otherwise made an appearance. Barr v. Barr, 195 Conn. App. 479, 482, 225 A.3d 972 (2020). Like all pretrial motions, a motion to dismiss must be made in writing. See Conn. Practice Book § 11-1(a). Each page of the motion, other than the first page, must be numbered. See Conn. Practice Book § 11-1(c). In addition, the motion should comply with the general format requirements for pleadings and other filed documents. See Conn. Practice Book § 4-1; Formatting Rules in Court Checklist (CT). A motion to dismiss for insufficient service of process should include: • A caption (see Conn. Practice Book § 4-1(a)) • An introductory paragraph briefly stating the relief sought by the motion (i.e., dismissal of the action) and citing the court rule authorizing the motion (i.e., Conn. Practice Book § 10-30(a)) • A brief summary of the facts that are directly pertinent to the motion, with reference to attached affidavits or other supporting evidence (see Conn. Practice Book § 10-30(c)), showing that process was not properly served on the defendant or was not served at all • A brief statement of the legal and factual argument supporting the motion, with reference to the required accompanying supporting memorandum of law (see Conn. Practice Book §§ 10-30(c), 11-10(a)(2)) • A conclusion reiterating the specific relief requested by the moving party • Attorney's signature (or moving party's signature, if not represented) (see Conn. Practice Book § 4-2(a)) • A certificate of service on all other parties who have appeared (see Conn. Practice Book §§ 10-14(a), 11-1(c)) For more on motions to dismiss, see Motion to Dismiss Complaint: Making and Opposing the Motion (CT). For discussion of procedures for proper service of process, see Commencing a Lawsuit: Filing the Complaint and Serving Process (CT). For additional discussion of motion practice and procedure generally, including procedures for serving, filing, and scheduling a hearing on a motion, see Motion Practice: Making and Opposing a Motion (CT).