Step 3: Notify the other party about the court case
If the order is from a case that is considered “Before Judgment” (meaning the judge has not yet entered a final decision in the case), you can mail a copy of the Motion for Modification through regular U.S. mail.
While it is fine to send the Motion for Modification via regular mail (if the case is considered “Before Judgment”), it is a good idea to try to get confirmation that the other party received the Motion. You may want to send the Motion via certified mail with delivery confirmation, or by using both regular and certified mail. The other party must be mailed a copy of the Motion to Modify at least 12 days before the date of the hearing.
If the order is from a case that is considered “After Judgment” (meaning the judge has entered a final decision in the case), you must have a marshal serve the other party with a copy of the motion. There is a fee for this, but the fee waiver you filled out can pay for this fee if you cannot. You can find a list of state marshals on the Connecticut Judicial Branch website. The other party must be served by a marshal at least 12 days before the date of the hearing. At least 6 days before the hearing, you must show the court that you had the other party served. If a marshal is doing the service for you, he or she should take care of this – you can ask to make sure.
If you are unsure if the case is “Before Judgment” or “After Judgment,” you can ask the Clerk’s Office when you bring in the form.
You will need to give the marshal these papers:
A completed marshal’s letter that explains where to find the other party so he or she can be served,
the original Motion for Modification with the court hearing date, and
one copy of the motion to be given to the other party.
If the other party lives out of state, you still have to give that person notice. A Connecticut marshal may be able to mail the papers if you have an address for the person, or you may have to get a marshal in the state where the person lives to make service. The court may not waive the cost for this. You can ask someone at the Court Service Center about the papers you need to request service of your motion to the other party who lives out of state. You may also call the State Marshal Commission at 860-713-5372 to see if they can give you more information.