Connecticut Effect of Execution by the Parties

State:
Multi-State
Control #:
US-OG-701
Format:
Word; 
Rich Text
Instant download

Description

This form states that the execution of the Operating Agreement constitutes acceptance of the terms, conditions, and obligations provided for in it. Any prior agreements between the parties are of no force and effect.

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FAQ

The Complaint: The complaint in replevin typically must include: (i) a description of the property to be replevied; (ii) its value; (iii) its location if known; and (iv) the material facts upon which the claim is based ? in other words, why the filing party is entitled to seize the property that has been taken.

Stay of execution. Appeal (a) Execution shall be stayed for five days from the date judgment has been rendered, provided any Sunday or legal holiday intervening shall be excluded in computing such five days. (b) No appeal shall be taken except within such five-day period.

Motions for orders of compliance (or motions to compel, as they are frequently called) are governed by Section 13-14 of the Connecticut Practice Book. As in many jurisdictions, judges in Connecticut generally prefer that parties and their counsel resolve discovery disputes without the need for judicial intervention.

Rule 25 - Substitution of Parties (a) DEATH. (1)Substitution If the Claim Is Not Extinguished. If a party dies and the claim is not extinguished, the court may order substitution of the proper party. A motion for substitution may be made by any party or by the decedent's successor or representative.

A writ of replevin can only be issued by Order of the Court. It is usually for the recovery of tangible personal property that has been wrongfully taken or detained. Typically, the plaintiff will move (that is, make a motion) for the requested relief.

Survival of cause of action. Continuation by or against executor or administrator. (a) A cause or right of action shall not be lost or destroyed by the death of any person, but shall survive in favor of or against the executor or administrator of the deceased person.

Replevin, also known as "claim and delivery," is an action to recover personal property that was wrongfully taken or detained. Unlike other forms of legal recovery, replevin seeks the return of the actual thing itself, as opposed to monetary damages (the more commonly sought-after remedy).

?The action of replevin may be maintained to recover any goods or chattels in which the plaintiff has a general or special property interest with a right to immediate possession and which are wrongfully detained from him in any manner, together with the damages for such wrongful detention.? Conn. Gen. Stat.

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Connecticut Effect of Execution by the Parties