State v. Warren
State v. Warren
Opinion of the Court
The record in this case discloses a complete failure on the part of the defendant to file assignments of error as required by Practice Book §§986-990. Our rule (§990) requires that “[t]he assignment of errors shall be specific and shall directly assert that the trial court committed error in the respects specified in substantial compliance with Form 819, A and B.” “The rule in respect to the assignment of errors, requires that the precise matter of error, or defect in the proceedings in the court below, relied on as ground of reversal, must be set forth.” McKeon v. Byington, 70 Conn. 429, 432.
“The court is not ‘bound’ to, and ordinarily will not, consider any claims of error unless they are assigned, specifically and distinctly.” Maltbie, Conn. App. Proc. § 167; see Mead v. Greenwich, 131 Conn. 273, 276. It is not the duty of an appellate court to search the record for errors. See State v. Burns, 82 Conn. 213, 219. The violation of our rules in this case was no mere inadvertent failure strictly to conform to some technical rule; it was a complete failure to conform to the requirements of 986 to 990 of the Practice Book. See Maggi v. Mendillo, 147 Conn. 663, 671.
“The prevailing American pattern — at least until quite recently . . . requires appellant to file a formal assignment or specification of errors.” James, Civil Procedure § 11.3, p. 521. Since an assignment of errors is an indispensable requisite in our appel
We have no alternative on the basis of the record before us but to affirm the judgment. See 5 Am. Jur. 2d, Appeal and Error, $649, n.8; Pound, Appellate Procedure in Civil Cases, p. 197 n.3.
There is no error.
Kinmonth, Jacobs and Levine, Js., participated in this decision.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.