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Thursday, May 20, 2010

How Cases Get Transferred to the CT Supreme Court

I sometimes wonder what I get out of my Connecticut Bar Association membership. Three or four times a year I get a copy of the Connecticut Bar Journal and every other issue has a long article that is probably a sleep aid to non-lawyers, but is of interest to me.

Anyway, former Supreme Court justice David Borden wrote a short (by lawyer standards) essay on the whys and hows that the Connecticut Supreme Court transfers cases. On occasion and from on high, the Supreme Court reaches down to takes an appeal from the lower Appellate Court before they rule.

Appellate lawyers often had no idea why this would happen, nor know how to make or prevent it from happening in any particular case.

Justice Borden would know, since he is the fella that came up with the guidelines for why it happens. The mystery is gone, at least if you read the Connecticut Law Journal.

I would link to the article, but it is not on the CBA website. Back issues can be found here.

This same issue also has in it a "Roadmap to Connecticut Procedure." Though this headline uses most peoples' three favorite words ("procedure," "roadmap," and "Connecticut") if you are a litigator, it is a good read. Can never go wrong going back to fundamentals.

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