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3 Conn. B.J. 1 (1929)

handle is hein.barjournals/conebaj0003 and id is 1 raw text is: Connecticut Bar Journal Vol. III JANUARY, 1929 No. I THE NEW SUMMARY JUDGMENT RULE. By CHARLES E. CLARK* On November 12th, 1928, the judges of the Superior Court of Connecticut,' acting pursuant to the rule-making power accorded them under Connecticut practice,2 adopted a thorough-going sum- mary judgment rule, effective February 1st, 1929, as an addition to the procedure of our State. The new provisions afford a means whereby judgment may be entered summarily in specified types of cases, including commercial cases and other recurring but simple forms of action, where it appears from affidavits of the parties that no real defense to the plaintiff's claim exists. The argument for the procedure most generally stressed is that it affords a means whereby judgments may be more speedily se- cured, particularly where court dockets are congested and the interests of plaintiffs thereby better safeguarded.3 But its sim- plicity makes it more generally useful than merely as a device for securing quick justice for claimants, important though that *Professor Clark is a member of the faculty of the Yale Univer- sity School of Law. I The judges of the Supreme Court of Errors are also judges of the Superior Court. See Sec. 5450, 5489, Conn. G. S. 1918. 2 See Secs. 5473-5477, Conn. G. S. 1918. 3 It is advocated especially upon this ground in the model rules of civil procedure of the American Judicature Society. See Rules of Civ. Proc. Am. Jud. Soc. Bull. 14, (1919), art. 23, Secs. 1-11, and notes thereon.

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