Section 61.1When permission of court is required(a) Except as provided in subsection (b), a party shall obtain permission from the court before seeking discovery of information from another party by the following methods: (1) interrogatories under section 61.4;(2) request for production, inspection and examination under section 61.5; and(3) request for admission under section 61.6.(b) Without obtaining permission of the court, a party may take the testimony of any person by deposition and may request the person to produce documents and tangible things at the deposition in accordance with section 61.3. (C.G.S. sections 52-148a through 52-159; Probate Court Rules, section 60.2.)
Section 61.2When interrogatories, request for production and request for admission permitted(a) A party may request permission to conduct discovery using a method under 61.1(a) by submitting a summary describing the information sought. Unless otherwise directed by the court, the requesting party shall not file individual discovery documents. The court may hear a request for discovery at a hearing management conference.(b) The court may grant a request for discovery under subsection (a), in whole or in part, if it finds that the requested discovery appears reasonably calculated to lead to admissible evidence and would not be unduly burdensome or expensive. (Probate Court Rules, section 60.2.)
Section 61.3Taking deposition(a) A party may take the testimony of any person by deposition in accordance with C.G.S. sections 52-148a through 52-159.(b) A party may compel another party to testify at a deposition by giving notice of the deposition in accordance with C.G.S. section 52-148b. The notice may include a request for the other party to produce documents and tangible things at the deposition.(c) An attorney for a party may compel any person to testify at a deposition by issuing a subpoena under C.G.S. section 52-148e. The subpoena may include a request for the person to produce documents and tangible things at the deposition.(d) On motion of a self-represented party, the court may compel any person to testify at a deposition by issuing a subpoena. The cost of serving the subpoena shall be paid by the party requesting it.(e) A party or attorney for the party shall send notice of a deposition to each party and attorney of record.(f) A person whose deposition is sought under subsection (b), (c) or (d) may move to quash or modify the notice or subpoena.(g) C.G.S. section 52-148e and section 13-30 of the Connecticut Practice Book shall govern the conduct of a deposition under this rule and the procedure for resolution of a dispute related to the deposition.(h) A party or attorney for the party may use a deposition in a proceeding in the manner provided under section 13-31 of the Connecticut Practice Book. (Probate Court Rules, sections 60.2 and 71.2.)
Section 61.4Interrogatories(a) With permission of the court under section 61.2 and within the scope of the court's order, a party may issue written interrogatories to another party.(b) Unless otherwise permitted by the court, a party may not issue more than 25 interrogatories, including each discrete subpart. The court may hear a request to issue additional interrogatories at a hearing management conference.(c) Answers to interrogatories may be used in a proceeding to the extent permitted by the rules of evidence. (Probate Court Rules, section 60.2.)
Section 61.5Request for production, inspection and examinationWith permission of the court under section 61.2 and within the scope of the court's order, a party may make a written request to another party to:
(1) inspect, copy, photograph or otherwise reproduce documents, including, but not limited to, writings, drawings, graphs, charts, electronic communications and photographs;(2) inspect and copy or test a tangible thing in the possession, custody or control of the party to whom the request is made; and(3) permit entry on property for the purpose of inspecting, measuring, surveying, photographing or testing the property. (Probate Court Rules, section 60.2.)
Section 61.6Request for admission(a) With permission of the court under section 61.2 and within the scope of the court's order, a party may issue to another party a written request for the admission of the truth of a matter. The request shall relate to a statement of fact, opinion or the application of law to fact. If the request relates to a document, the requesting party shall provide a copy of the document unless it is otherwise available to the other party.(b) Except as provided in subsections (c) and (d), an admission under this section conclusively establishes the matter admitted.(c) On motion of a party who made an admission, the court may permit the admitting party to withdraw or amend the admission if:(1) the withdrawal or amendment will facilitate the presentation of the merits of the matter; and(2) the party who requested the admission fails to establish that the withdrawal or amendment will cause prejudice.(d) An admission of a party under this section does not waive the right of the party to object to the admission on the grounds of competency or relevancy.(e) An admission of a party under this section may be used only in the pending proceeding. (Probate Court Rules, section 60.2.)
Section 61.7Answer to discovery request(a) Unless otherwise directed by the court, a person responding to a discovery request shall not file the response with the court.(b) The party to whom a request for discovery under section 61.1(a) is made shall respond in writing and under oath. The party shall respond not later than 30 days after issuance of the request unless:(1) on motion by the party, the court directs a shorter or longer time; or(2) the party files an objection in accordance with section 61.9.(c) If a party files an objection under section 61.9, the party shall respond to the part of the request to which an objection is not made. Section 61.8Continuing duty to discloseUntil a matter is concluded, a party to whom a discovery request is made under this rule shall have a continuing duty to disclose:
(1) new or additional information within the scope of the request; and(2) that information previously disclosed is not true or is no longer true. Section 61.9Objection to discovery request(a) A party who objects to a request for discovery under section 61.1(a) shall file a written objection setting forth the grounds for the objection and the proposed remedy and describing the efforts made to resolve the differences between the parties concerning the discovery request.(b) The party shall file the objection not later than 30 days after issuance of the discovery request.(c) The party shall send a copy of the objection to each party and attorney of record and certify to the court that the copy has been sent.(d) The court may issue an order under subsection (e) if it finds that the requested discovery: (1) seeks information that is privileged or otherwise protected by law from discovery;(2) does not appear to be reasonably calculated to lead to admissible evidence;(3) would be unduly burdensome or expensive; or(4) will cause annoyance, embarrassment or oppression.(e) If the court finds one or more of the grounds under subsection (d), the court may order such relief as justice requires, including that the requested discovery be: (2) conducted on specified terms and conditions; or(3) conducted by an alternative method.(f) If the court overrules the objection to the discovery request, the party shall respond to the request not later than 20 days after the court's ruling is mailed. On request of a party, the court may extend the response period.Section 61.10Order for compliance(a) If a person fails to comply with a request for discovery, the requesting party may file a motion seeking an order for compliance. The motion shall set forth the discovery request that is the subject of the motion and the reason why the response, if any, fails to comply.(b) If the court finds that the person has failed to comply with the request for discovery and that the discovery is permitted under sections 61.3 through 61.6, the court may: (1) award the discovering party the expenses of the motion under C.G.S. section 45a-109 and a reasonable attorney's fee;(2) order that the subject matter of the discovery request is established for the purposes of the proceeding;(3) prohibit a party who failed to comply from introducing designated matters in evidence; and(4) make any other order that justice requires.(c) Unless a timely written objection has been filed under section 61.9, the court may not excuse a failure to comply with a discovery request on the ground that the court would have granted relief under section 61.9(e). (C.G.S. section 52-148e.)
Section 61.11Summons to testify(a) An attorney for a party may issue a subpoena under C.G.S. section 52-143 to summon a person to testify before the court.(b) On motion of a self-represented party, the court may issue a subpoena under C.G.S. sections 45a-129 and 52-143 to summon a person to testify before the court. The cost of serving the subpoena shall be paid by the party requesting it. (C.G.S. section 52-144.)
Section 61.12Order to obtain medical recordsSee C.G.S. section 45a-98b.
(C.G.S. section 4-104.)
Section 61.13Petition for foreign subpoena(a) A petitioner seeking to conduct discovery in connection with an action pending in another state may petition the probate district in which the discovery is sought to issue a subpoena or subpoena duces tecum.(b) The petition shall be on a form published by the probate court administrator and shall include the original or true copy of the foreign subpoena.(c) The court shall issue a subpoena not later than seven days after receipt of the documents described in subsection (b). The court may issue the subpoena without notice and hearing.(d) The petitioner shall arrange for service on the person to whom the foreign subpoena is directed in accordance with C.G.S. section 52-148e.(e) A party may petition the court that issued the subpoena under this section for an order to enforce, quash or modify the subpoena.Rule 61 adopted effective 7/1/2013. Sections 61.7 and 61.9 amended effective 7/1/2015. Section 61.4 amended effective 1/1/2020; 61.13 adopted effective 7/1/2024.