How to Fill Out Appearance (JD-CL-012)

The Appearance form, officially known as JD-CL-012, is a foundational document in any Connecticut divorce case. Filing this form is how you formally notify the Superior Court and your spouse (the other party) that you are actively participating in the lawsuit. Whether you are the one starting the divorce (the Plaintiff) or the one responding to it (the Defendant), this form is essential. It ensures that your name and address are officially on record, guaranteeing you will receive all future court notices, motions, and orders related to your case.

Think of it as raising your hand in the courtroom to say, "I'm here." Without filing an Appearance, the court may not know you are involved, which could lead to a "default judgment." This means the judge could make decisions about your property, finances, and children without your input. For the person who starts the divorce, the Appearance is typically filed along with the initial complaint. For the person who receives the divorce papers, it is the first document you must file with the court by the "Return Date" listed on the Summons to protect your rights.

Requirements

Before you begin filling out the Appearance form, gather the following information and documents to ensure accuracy and avoid delays:

• Your Divorce Paperwork: You will need a copy of the Summons (JD-FM-003) and the Divorce Complaint (JD-FM-159). These documents contain crucial information you must copy onto the Appearance form.
  • If you are the Plaintiff (starting the divorce): You will be filling these out at the same time as the Appearance.
  • If you are the Defendant (responding to the divorce): These are the papers you were served by a state marshal.
• Key Case Information: From the Summons, you will need the:
  • Case Name (e.g., Jane Doe v. John Doe)
  • Return Date
  • Docket Number (The clerk will assign this if you are filing for the first time; otherwise, it's on the Summons).
  • The full address of the Superior Court where the case is filed.
• Personal Contact Information: Your full legal name, current mailing address, telephone number, and email address.
• Spouse's Information: The full legal name and mailing address of your spouse (or their attorney, if they have one). You need this for the 'Certification' section.
• A Pen with Dark Ink: The form must be filled out clearly and legibly, either by typing or printing in black or dark blue ink.

Step-by-Step Instructions

Case Identification

This top section of the form identifies the specific court case your Appearance is for. All of this information can be found on the Summons (Form JD-FM-003) that you either filled out or received.

Return date (For Civil/Family cases): Locate the 'Return Date' on the Summons (Form JD-FM-003) and copy it exactly into this box. This is not a date you have to go to court; it is the deadline for the Defendant to file this Appearance form. Example: 04/15/2024 ⚠️ This date is critical. An incorrect Return Date can cause filing issues. Double-check it against the Summons.

Docket Number: If you are the Defendant, the Docket Number is printed on the Summons you received. Copy it here. If you are the Plaintiff filing your initial divorce papers, the court clerk will assign this number when you file; you can leave it blank for now. Example: FBT-FA24-1234567-S

Name of case (Full name of first Plaintiff v. Full name of first Defendant): Write the case name exactly as it appears on the Complaint and Summons. The Plaintiff's full name goes first, followed by 'v.', then the Defendant's full name. Example: Jane P. Doe v. John M. Doe

Address of court (Number, street, town and zip code): Write the full address of the Superior Court where the case is filed. This is also found on the Summons. Example: 123 Main Street, Bridgeport, CT 06604

Judicial District: Check the box for 'Judicial District'. Divorce cases are handled in Judicial Districts, not Geographic Areas or Housing Sessions. Example: Check the 'Judicial District' box.

Your Information (Entering Your Appearance)

This section identifies you as the person filing the Appearance. Provide your complete and current contact information so the court and other parties can reach you.

Name: Print your full legal name clearly. If you are representing yourself, this is your name. Example: John M. Doe

Juris number: Leave this field blank. It is only for licensed attorneys.

Mailing address: Enter your complete current mailing address. This is the address where you will receive all official court documents. If you use a P.O. Box, enter it in the 'Post Office box number' field instead. Example: 456 Oak Avenue ⚠️ Ensure this address is reliable. Missing a court notice because it was sent to the wrong address can have serious consequences.

City/town, State, Zip code: Enter the city, state, and zip code for your mailing address. Example: Ansonia, CT, 06401

Telephone number (Area code first): Provide a reliable phone number where you can be reached during the day. Example: (203) 555-1234

E-mail address: Enter your email address. The court and other parties may use this to send you documents and communications, especially if you agree to electronic service later on the form. Example: john.doe@email.com

Identifying Your Role in the Case

Here, you must specify who you are in the lawsuit—the Plaintiff, the Defendant, or another type of party. The instructions on page 2 of the form provide clear guidance.

in the case named above for: (Select one of the following parties...): You must select only one option that describes your role.

• If you started the divorce lawsuit: You are the Plaintiff. Check the box for 'The Plaintiff'.
• If you were served with divorce papers: You are the Defendant. Check the box for 'The Defendant'.
• If you filed an uncontested divorce together: The form instructions state to check 'Other (Specify):' and write 'Petitioner A' or 'Petitioner B' on the line, depending on how you are designated in your joint filing. Example: If served with papers, check the box next to 'The Defendant'. ⚠️ Choosing the wrong party can cause confusion. The Plaintiff is the person whose name is listed first in the 'Name of case' field. The Defendant is listed second.

Specifying Case Type and Status

This section confirms the type of case and clarifies your representation status, for example, if you are replacing an attorney.

This is a Family Matters case (such as divorce, custody, or child support).: Check this box. A divorce is a 'Family Matters' case. Then, check the sub-box for 'matters in the Family Division of the Superior Court'. If your case also involves state-assisted child support, you may also need to check 'Title IV-D Child Support matters'. If you are unsure, just check the first box. Example: Check the main box and the 'matters in the Family Division...' sub-box.

If an appearance by other counsel or self-represented party is on file for this party/parties, select one option below:: Most people will leave this section blank. Only fill this out if you are changing your representation.

• Option 1: 'This appearance is in place of...': Select this if you previously had a lawyer who filed an Appearance for you, and you are now representing yourself. You would write the lawyer's name on the line.
• Option 2: 'This appearance is in addition to...': This is for 'dual representation' and is very rare. Do not check this without consulting an attorney. Example: Leave blank unless you are firing your lawyer and taking over the case yourself.

Signature and Electronic Service Agreement

You must sign the form and decide whether to accept legal documents by email.

I agree that documents can be delivered (served) to me electronically in this case.: Check 'Yes' or 'No'. Checking 'Yes' means you agree to receive official documents from the court and your spouse via email. This is the fastest and most common method. If you check 'No', documents will be sent by postal mail, which can cause delays. ⚠️ Attorneys are required to accept electronic service. While you can opt out as a self-represented party, it is generally recommended to agree to it for efficiency.

Signed: Sign your name here with a pen. Example: [Your Signature]

Name of person signing at left: Print your name clearly. This should match the signature. Example: John M. Doe

Date signed: Write the date you are signing the form. Example: 04/10/2024

Certification of Service

This is a legally binding statement where you certify (promise) to the court that you have sent a copy of this completed Appearance form to your spouse or their attorney. This step is mandatory.

I certify that a copy of this document was or will immediately be mailed or delivered... on (date): Enter the date on which you are mailing or hand-delivering the copy to the other party. This is often the same day you sign the form. Example: 04/10/2024

Name and address of each party and attorney that copy was or will be mailed or delivered to: In this large box, you must write the full name and mailing address of the person you are sending the copy to. This will be either your spouse directly (if they are self-represented) or their attorney (if they have one). Example: Jane P. Doe 123 Any Street Anytown, CT 06123

OR

Attorney Smith 789 Law Firm Lane Hartford, CT 06106 ⚠️ Do not skip this box. Your filing may be rejected if this certification is incomplete. You are legally required to provide a copy to the other side.

Signed (Signature of filer): Sign your name again. This second signature is specifically for the certification. Example: [Your Signature]

Print or type name of person signing: Print your name again. Example: John M. Doe

Date signed: Write the date again. This should match the certification date above. Example: 04/10/2024

Common Mistakes to Avoid

1. Incorrect Case Information: Using the wrong Docket Number or Return Date. Always copy this information directly from the Summons (JD-FM-003) to ensure it's accurate.
2. Forgetting the Certification: Failing to fill out the bottom 'Certification' section is a frequent and serious error. You must certify that you sent a copy to the other party and sign it. The court clerk may reject a form without a completed certification.
3. Signing in Only One Place: The form requires two signatures from a self-represented party: one for the appearance itself and one for the certification at the bottom. Make sure you sign in both spots.
4. Incorrect Party Identification: Mistakenly checking 'Plaintiff' when you are the 'Defendant'. Remember, the Plaintiff is the person who started the case; the Defendant is the person responding to it.
5. Not Sending a Copy: Certifying that you sent a copy and then failing to do so is a violation of court rules. Always mail or deliver a copy to your spouse or their attorney on the date you listed in the certification.

Frequently Asked Questions

What is a 'Return Date' and do I need to go to court on that day? No, the Return Date is not a court hearing date. It is a legal deadline. For the Defendant, it is the date by which they must file their Appearance form (JD-CL-12) with the court to avoid a potential default judgment. It simply gets the case officially on the court's calendar.

What if I don't have a Docket Number yet? If you are the Plaintiff and are filing your Appearance along with your initial Divorce Complaint and Summons, you won't have a Docket Number yet. The court clerk will assign one when you file the documents. You can leave that field blank. If you are the Defendant, the Docket Number will be printed on the top of the Summons you were served.

What happens if I don't file an Appearance form? If you are the Defendant and you fail to file an Appearance by the Return Date, the Plaintiff can ask the court for a 'default for failure to appear.' This could lead to a 'default judgment,' where the judge makes final decisions about property, alimony, and child custody based only on the Plaintiff's requests, without any input from you.

My spouse and I are filing for an uncontested divorce together. How do we fill this out? In a nonadversarial (uncontested) divorce, you are not Plaintiff and Defendant, but 'Petitioner A' and 'Petitioner B'. Each of you will fill out your own Appearance form. In the section for identifying your role, check the box for 'Other (Specify):' and write in either 'Petitioner A' or 'Petitioner B', corresponding to your designation on the joint petition.

Do I have to agree to electronic service? As a self-represented party, you are not required to agree to electronic service and can check 'No'. However, checking 'Yes' is highly recommended. It is the fastest and most efficient way to receive documents from the court and your spouse. If you opt out, you will rely on postal mail, which can lead to significant delays in receiving time-sensitive information.

Next Steps

After you have completely filled out and signed the Appearance form in both places:

1. Make Copies: Make at least two photocopies of the completed form. One copy is for your personal records, and the other is for your spouse (the other party).

2. Serve the Other Party: Mail or hand-deliver one copy to your spouse or their attorney. This action fulfills the promise you made in the 'Certification' section. It is crucial that you do this on the date you wrote in the certification.

3. File the Original with the Court: The original, signed form must be filed with the Superior Court clerk's office. You can file it in one of two ways:

   • In-Person: Take the original form to the clerk's office at the courthouse address you wrote at the top of the form.
   • By Mail: Mail the original form to the clerk's office. It's wise to send it via certified mail for proof of delivery.

4. Confirmation: Once the clerk accepts and processes your Appearance, you are officially on record for the case. You will now receive all future documents and notices from the court.