§ 52-57 — Manner of service upon individuals, municipalities, corporations, partnerships and voluntary associations.

Connecticut § 52-57

• Jurisdiction: Connecticut
• Title 52: Civil Actions
• Ch. 896: Civil Process, Service and Time for Return

Text

(a) Except as otherwise provided, process in any civil action shall be served by leaving a true and attested copy of it, including the declaration or complaint, with the defendant, or at his usual place of abode, in this state. (b) Process in civil actions against the following-described classes of defendants shall be served as follows: (1) Against a town, upon its clerk, assistant clerk, manager or one of its selectmen; (2) against a city, upon its clerk or assistant clerk or upon its mayor or manager; (3) against a borough, upon its manager, clerk or assistant clerk or upon the warden or one of its burgesses; (4) against a school district, upon its clerk or one of its committee; (5) against a board, commission, department or agency of a town, city or borough, notwithstanding any provision of law, upon the clerk of the town, city or borough, provided two copies of such process shall be served upon the clerk and the clerk shall retain one copy and forward the second copy to the board, commission, department or agency; (6) against any other municipal or quasi-municipal corporation, upon its clerk or upon its chief presiding officer or managing agent; and (7) against an employee of a town, city or borough in a cause of action arising from the employee's duties or employment, upon the clerk of the town, city or borough, provided two copies of such process shall be served upon the clerk and the clerk shall retain one copy and forward the second copy to the employee. (c) In actions against a private corporation, service of process shall be made either upon the president, the vice president, an assistant vice president, the secretary, the assistant secretary, the treasurer, the assistant treasurer, the cashier, the assistant cashier, the teller or the assistant teller or its general or managing agent or manager or upon any director resident in this state, or the person in charge of the business of the corporation or upon any person who is at the time of service in charge of the office of the corporation in the town in which its principal office or place of business is located. In actions against a private corporation established under the laws of any other state, any foreign country or the United States, service of process may be made upon any of the aforesaid officers or agents, or upon the agent of the corporation appointed pursuant to section 33-922 . (d) In actions against a partnership, service of process may be made by personally serving any process within the state upon any one of the partners or, if none of the partners are residents of the state, service may be made upon the Secretary of the State; provided, prior to the return date, the officer serving the writ shall mail a copy of the writ and the complaint by registered or certified mail, return receipt requested, to the last-known address of every partner named in the writ not personally served. A statement of such mailing and receipt therefor shall be included in the officer's return. (e) In actions against a voluntary association, service of process may be made upon the presiding officer, secretary or treasurer. If all of such officers are not residents of the state and the voluntary association is doing business, acting or carrying out its operations or its functions within the state, the voluntary association shall be deemed to have appointed the Secretary of the State as its attorney and to have agreed that any process in any civil action brought against it may be served upon the Secretary of the State and that the process shall have the same validity as if served personally upon the presiding officer, secretary or treasurer of the voluntary association. The process shall be served by any officer to whom the process is directed upon the Secretary of the State by leaving with, or at the office of, the Secretary of the State, at least twelve days before the return day of the process, a true and attested copy thereof, and by sending to the defendant at its last-known address by registered or certified mail, postage prepaid, a like true and attested copy with an endorsement thereon of the service upon the Secretary of the State. The officer serving the process upon the Secretary of the State shall leave with the Secretary of the State, at the time of service, a fee of fifty dollars, which fee shall be taxed in favor of the plaintiff in the plaintiff's costs if the plaintiff prevails in the action. The Secretary of the State shall keep a record of each such process and the day and hour of service. (f) When the other methods of service of process provided under this section or otherwise provided by law cannot be effected, in actions concerning the establishment, enforcement or modification of child support orders other than actions for dissolution of marriage, including, but not limited to, such actions under sections 17b-122 , 17b-124 to 17b-132 , inclusive, 17b-136 to 17b-138 , inclusive, 17b-194 to 17b-197 , inclusive, 17b-222 to 17b-250 , inclusive, 17b-263 , 17b-340 to 17b-350 , inclusive, 17b-689b , 17b-743 to 17b-747 , inclusive, and 46b-301 to 46b-425 , inclusive, and chapters 815, 815p, 815t, 815y and 816, and actions to implement garnishments for support under section 52-362 , service of process may be made upon a party to the action by one of the following methods, provided proof of receipt of such process by such party is presented to the court in accordance with rules promulgated by the judges of the Superior Court: (1) By certified mail to a party to the action addressed to the employer of such party. Any service of process so sent shall include on the outside envelope the words “To be delivered to the employee in accordance with subsection (f) of section 52-57” ;. The employer shall accept any such service of process sent by certified mail and promptly deliver such certified mail to the employee; or (2) When a party to an action under this subsection is employed by an employer with fifteen or more employees, by personal service upon an official of the employer designated as an agent to accept service of process in actions brought under this subsection. Each employer with fifteen or more employees doing business in this state shall designate an official to accept service of process for employees who are parties to such actions. The person so served shall promptly deliver such process to the employee. See Sec. 4a-17 re service of process on mentally ill or mentally deficient persons. See Sec. 33-663 re service of process on registered agent for stock corporation. See Sec. 33-1053 re service of process on registered agent for nonstock corporation. See Sec. 52-335 re service of garnishee process on a corporation. See Sec. 54-240 l re service of process on participant in address confidentiality program.

Legislative History

(1949 Rev., S. 7774; 1955, S. 3149d; 1959, P.A. 152, S. 73; P.A. 73-50; P.A. 82-160, S. 15; P.A. 83-445; P.A. 85-303, S. 1, 5; P.A. 89-195, S. 5; May Sp. Sess. P.A. 92-6, S. 106, 117; P.A. 96-271, S. 217, 254; June 18 Sp. Sess. P.A. 97-1, S. 69, 75; P.A. 03-19, S. 116; 03-224, S. 8; 03-278, S. 126; June 30 Sp. Sess. P.A. 03-3, S. 97; P.A. 04-76, S. 56; 04-78, S. 3; P.A. 05-288, S. 175; P.A. 11-214, S. 29; P.A. 15-71, S. 90; P.A. 19-40, S. 14; 19-118, S. 38.) History: 1959 act deleted provisions for actions against county, county commissioners and county clerks, county government having been abolished; P.A. 73-50 allowed service to be made upon an assistant vice president and upon attorneys of foreign corporations appointed pursuant to Sec. 33-400 rather than upon “resident” attorneys of such corporations appointed pursuant to Sec. 33-138; P.A. 82-160 inserted Subsec. indicators, added Subsec. (d) concerning service upon partnerships which was formerly Sec. 52-57b, and added Subsec. (e) concerning service upon voluntary associations which was formerly Sec. 52-59; P.A. 83-445 specified that copy of writ and complaint be mailed to partners “named in writ”; P.A. 85-303 substituted reference to corporation's attorney for reference to corporation's agent in Subsec. (c) and raised fee for service of process upon secretary of the state from $5 to $10; P.A. 89-195 added Subsec. (f) re service of process in actions concerning child support orders where other methods of service of process cannot be effected; May Sp. Sess. P.A. 92-6 amended Subsec. (e) to raise fee from $10 to $25; P.A. 96-271 amended Subsec. (c) to replace reference to Sec. 33-400 with Sec. 33-922, effective January 1, 1997; June 18 Sp. Sess. P.A. 97-1 added reference to Secs. 46b-212 to 46b-213v, inclusive, to Subsec. (f), effective January 1, 1998 (Revisor's note: References in Subsec. (f) to Secs. “17b-115” and “17b-693” were replaced editorially by the Revisors with “17b-616” and “17b-689b”, respectively, and the word “to” preceding “17b-693” was deleted to reflect repeal of Secs. 17b-115, 17b-689a and 17b-690 to 17b-693, inclusive); P.A. 03-19 made a technical change in Subsec. (f), effective May 12, 2003; P.A. 03-224 amended Subsec. (b) by adding new Subdiv. (5) re service on municipal board, commission, department or agency, redesignating existing Subdiv. (5) as Subdiv. (6) and adding Subdiv. (7) re service on municipal employee, effective July 2, 2003; P.A. 03-278 amended Subsec. (b) by deleting Subdiv. (5)(B) re service on clerk, chief presiding officer or executive head of municipal board, commission, department or agency, deleting Subdiv. (7)(B) re service on municipal employee pursuant to Subsec. (a) and making technical changes, effective July 9, 2003; June 30 Sp. Sess. P.A. 03-3, in repealing Secs. 17b-19, 17b-62 to 17b-65, inclusive, 17b-116, 17b-116a, 17b-116b, 17b-117, 17b-120, 17b-121, 17b-123, 17b-134, 17b-135, 17b-220, 17b-259 and 17b-287, authorized deletion of internal references to said section in this section, effective March 1, 2004; P.A. 04-76 amended Subsec. (f) by deleting references to Secs. 17b-118b and 17b-221 that were repealed by the same act; P.A. 04-78 amended Subsec. (b)(5) by replacing “any provision of the general statutes” with “any provision of law”; P.A. 05-288 made technical changes in Subsec. (b), effective July 13, 2005; P.A. 11-214 amended Subsec. (f) to substitute reference to Sec. 46b-213w for reference to Sec. 46b-213v and make a technical change; P.A. 15-71 amended Subsec. (f) by replacing reference to Secs. 46b-212 to 46b-213w with reference to Secs. 46b-301 to 46b-425, effective July 1, 2015; P.A. 19-40 amended Subsec. (e) by replacing fee of $25 with fee of $50 and making technical changes, effective July 1, 2019; P.A. 19-118 amended Subsec. (f) by deleting reference to Sec. 17b-256, effective July 1, 2019. Action against U.S. corporations. 5 C. 105. Secretary de facto. 6 C. 528. Service at selectman's house. 12 C. 92. A foreign corporation, a portion of whose stockholders reside in this state, held not liable to suit by writ of summons in our courts. 14 C. 301. Service when there are no officers and but one stockholder. 20 C. 447. Place where corporation, etc., exercises its powers. 40 C. 70. Appearance as waiving defects in service. 67 C. 366; 70 C. 329; 77 C. 382; 90 C. 293; 4 Cranch 421. Effect of acceptance of service by nonresident out of state. 89 C. 215. House in this state where one habitually spent 3 days a week held his usual place of abode. 92 C. 55. Service by registered mail not sufficient to make nonresident claimant of bank deposit a party to action by trustee in bankruptcy against bank to recover it. 97 C. 307. Requirements of jurisdiction by foreign attachment stated. 107 C. 554. Service pursuant to section sufficient to give jurisdiction in bastardy action. 118 C. 304. Cited. 121 C. 312; 127 C. 57. Service at door of S's apartment is not service at “usual place of abode” of F; officer's return may be contradicted and facts shown to be otherwise. 138 C. 343. Due to legislative history, words “aforesaid officers or agents” construed to permit service upon a resident director of a foreign corporation. 144 C. 212. Court does not have jurisdiction if service is improper; when persons upon whom service may be made are designated by statute, service upon any other person as a representative of the corporations is inadequate. 145 C. 24. In the case of a defendant domiciled in, but absent from, the state, abode service in the state is ordinarily sufficient to give the court in personam jurisdiction; section is applicable to divorce and legal separation actions. 150 C. 15. Cited. Id., 190; 181 C. 225. Without a finding that plaintiff had no notice in fact, the attack on statute permitting abode service failed. 185 C. 495. Cited. 192 C. 1; Id., 497; 196 C. 233; 206 C. 125; Id., 374; 212 C. 157; 214 C. 1; 219 C. 204; 226 C. 1; 227 C. 909; 232 C. 392. Cited. 1 CA 123; 4 CA 339; 6 CA 43; Id., 390; 10 CA 201; 13 CA 1; 21 CA 339; 25 CA 637; 31 CA 155; Id., 629; 34 CA 18; Id., 634; 44 CA 225. Cited. 4 CS 139; 9 CS 473; Id., 520. Must be read as though there was a comma between the word “agent” and the concluding phrase “or upon any director resident in this state” to denote that the qualifying phrase “resident in this state” refers only to directors. 12 CS 97. Service handed to a clerk at a desk in a hotel lobby held void. 14 CS 400. Writ to which was added names of two additional garnishees after service is abatable. 16 CS 143. Service at home of defendant while he was hospitalized held “at usual place of abode”. 17 CS 432. Attempted service on corporation by leaving copy of complaint with porter invalid where no showing that the officers could not be found. 18 CS 108. Service of process upon the secretary of a foreign corporation who is in this state does not give our courts jurisdiction over the corporation unless it has exposed itself to such jurisdiction by doing business in this state. Id., 387. Service of process at a residence owned by defendant and occupied by a tenant, and in which defendant had an office, was not at defendant's usual place of abode and was a nullity. 22 CS 288. What constitutes “usual place of abode”. 24 CS 324. Writ placed halfway under door was service at “usual place of abode”. Id., 488. Personal service need not have been made in a legal separation action where a proper constructive attachment of the property involved was made at the outset of the action. 26 CS 284, 290. Cited. 27 CS 395. Service by leaving process at house which defendant had vacated 3 months previously and put up for sale, herself moving out of state, was not service at her “usual place of abode, in this state”. 28 CS 284. Defendant's former residence, still his family's residence and listed as his voting and licensure address was no longer his place of abode when he had for over 2 years worked and lived in England. Id., 359. Cited. 33 CS 554; Id., 562; 34 CS 501; 35 CS 297. Hotel room may be defendant's usual place of abode, particularly where he receives actual notice of the action. 36 CS 335. Cited. 37 CS 790; 41 CS 367; 42 CS 187. Service on Connecticut travel agency to secure jurisdiction over foreign hotel corporation whose only contact with state was travel agency selling tickets for tour on which hotel was regular stop, held ineffective. 3 Conn. Cir. Ct. 403. Cited. 4 Conn. Cir. Ct. 470. Personal service of writ conferred in personam jurisdiction over defendant although writ did not specify defendant's address by street and number. 5 Conn. Cir. Ct. 235. Requirement of statute for “abode” service is to be strictly construed as it is a departure from common law requirement of manual delivery for in personam service; service of writ by leaving it in mail box in hallway outside defendant's apartment is so haphazard and uncertain as to fail to meet statutory requirements. Id., 580. Cited. 6 Conn. Cir. Ct. 54. Subsec. (a): In foreclosure action, service of process at residential address when defendant was incarcerated constituted service at place of abode because family of defendant continued to live at address and defendant returned there after release from prison. 288 C. 568. Abode service is not effective if it is left at address that is not the usual address of the party to be served. 78 CA 456. In light of facts that front door of defendants' home was inaccessible, that marshal affixed the process to property's main entryway, and that the property is a single-family residence and defendants actually received notice of the action, the service of process effected by the marshal was reasonably likely to achieve personal notice and constituted proper abode service pursuant to section. 98 CA 852. Unlike Sec. 52-64(a), this Subsec. only applies when a state employee is sued in his or her individual capacity; phrase “Except as otherwise provided” does not allow service of process on a state employee in his or her individual capacity by serving process on the Attorney General at the Office of the Attorney General because such process is not specifically enumerated in section. 163 CA 337; judgment affirmed, see 328 C. 248. Subsec. (b): Court properly dismissed suit against board of education as a result of improper service of process under Subdiv. (4), as service of process to board secretary should have been made under Subdiv. (5) and served upon the clerk of town, city or borough. 191 CA 280. Subdiv. (5): Although citation commanded the marshal to serve only one copy on clerk, not the two copies required by Subdiv., the marshal did leave two copies, and thus defect is formal and circumstantial and will not cause dismissal of the appeal. 50 CS 513. Subsec. (c): In action against foreign corporation, service of process may be made on vice president and court acquired personal jurisdiction over defendant corporation by service on vice president made in accordance with Subsec. 113 CA 845. Service on general manager constituted proper service in action against automobile dealer. 142 CA 14. Subsec. (d): Service on secretary does not fulfill requirements of statute. 40 CS 1.