Sandy Hook: You want the mother of all lawsuits: Update Link Added

Who hasn't! Sheesh.

So what is your point?

Joke ;)

There is discovery in civil cases and it is probably the most important weapon that civil plaintiffs have. That is how we know that a genuine lawsuit would never be filed in this case. Because no plaintiffs would have given up their most valuable weapon by not filing as early as possible. Discovery could be used to keep people from destroying evidence and lock people into their version of the story before they have time to change them.

I think you're confusing yourself needlessly because you don't understand the difference between process and petition. Think of 'process' as the procedure of giving someone notice of a lawsuit after it's been filed. It doesn't happen until after the filing of the lawsuit itself. So when you look at the sections you quoted think of process as something that comes after the lawsuit is filed.

I'm no expert on Connecticut law, but in my home state and every state I know about a case number has to be entered before a summons is issued. Every civil summons I have ever seen has the case number written on it by the court clerk. Look at the section you quote about dockets. It tells you what a docket is and you should ask yourself how it would be possible to keep everything in order on the docket if the case number was not created when the lawsuit was filed. I can't even imagine how a court system could work if a docket number wasn't assigned to a case the moment it was filed. Think of the enormous problems that would create. I have no idea why you think that no docket number is created before the summons is signed by the clerk. That isn't what the material you quoted says. Look at what you wrote about the daybooks - 'to enter each case on the date upon which the matter is filed'. Why do you think the clerk would enter a case on the docket at a later date?

Everything you wrote here leaves me convinced that courts in Connecticut work just like they do elsewhere and a lawsuit must be filed and a case number entered before process can be served. I think the summons would probably have the case number written or stamped on it before process is served. If I don't see a case number for this lawsuit on the docket online then I don't believe it's been filed. I don't know how long you're going to wait before making up your mind but I think you'll never find this case on the docket no matter how long you wait.

I guess I wasn't clear enough about the SUMMONS. As it notes in the instructions on the form, if you are representing yourself, you have to take the summons to the clerk, but if you're represented by an attorney, that attorney is a commissioner of the court.

As such they can sign the summons themselves, check the commissioner of the court box, attach the complaint, and go give it to a process server.

Then the attorney takes the SUMMONS, COMPLAINT, and PROOF OF SERVICE to the clerk. Then the clerk issues a DOCKET number, and FILE numbers for each document which makes up the first pleading.

Here are links to several SUMMONS issued by Attorneys. You can see there is no FILE or DOCKET number, but it's signed by the Attorney as commissioner of the court.

[link to ftpcontent.worldnow.com]
[link to 3xa3sn2xtr6117bb6o2m6zwf8ea.wpengine.netdna-cdn.com]

The following is a court case that involved the failure of a lawyer to sign both places on the SUMMONS which got the case dismissed.

The lawyer appeal, and won. It's worth reading the judge's ruling to get some insight in to how this process works.

[link to leagle.com]

Since the families are using attorneys, the courts won't know anything about the suits until after the defendants have been served.


Which would have to be any day now, if it was/is going to happen.

aHEMagain