reglab/housing_qa huggingface dataset:
CT Gen Stat § 52-106 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 898 - Pleading|Section 52-106 - Executor, administrator or trustee of express trust may sue or be sued alone.

 An executor, administrator, or trustee of an express trust may sue or be sued without joining the persons represented by him and beneficially interested in the action.(1949 Rev., S. 7828; P.A. 82-160, S. 42.)History: P.A. 82-160 replaced “suit” with “action”.Jurisdiction determined by parties of record, not by those beneficially interested. 34 C. 332. Incapacity of plaintiff to sue must be raised by the pleadings. 52 C. 233. Cited. 62 C. 257. Parties to a suit are made by the writ, not by the complaint. 72 C. 261. Administrator may bring action to enforce judgment lien belonging to intestate; 75 C. 154; or appeal from allowance of claim by commissioners. 82 C. 501. Trustee may be sued without joining beneficiaries of trust. 160 C. 415. Cited. 169 C. 29; 191 C. 1. Plaintiffs who brought action against defendants as executors of the will did not need to join the residuary beneficiaries since they were not indispensable parties. 292 C. 696.Cited. 5 CA 427; 31 CA 476. Beneficiaries of a trust need not be joined in an action brought by a trustee and in this case all beneficiaries had notice of pending lawsuit and none sought to join as parties. 62 CA 490.
CT Gen Stat § 52-109 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 898 - Pleading|Section 52-109 - Substituted plaintiff.

 When any action has been commenced in the name of the wrong person as plaintiff, the court may, if satisfied that it was so commenced through mistake, and that it is necessary for the determination of the real matter in dispute so to do, allow any other person to be substituted or added as plaintiff.(1949 Rev., S. 7831.)One who has no right or interest cannot be substituted as plaintiff. 63 C. 460, 472. Substitution is not the commencement or institution of another suit. Id., 477. Cited. 65 C. 115; 72 C. 261. Where conservator brings action in his own name, and ward dies, his administrator may enter. 91 C. 680. Cited. 179 C. 246. Any defect in the standing of plaintiff who commences an action as the conservator of another person who has a colorable claim of injury is cured under section when such conservator becomes the administratrix of such person and is substituted as plaintiff in the present case. 312 C. 1. Addition or substitution of a plaintiff is discretionary, but generally should be allowed when, due to an error, misunderstanding or misconception, an action was commenced in the name of the wrong party, instead of the real party in interest, whose presence is required for a determination of the matter in dispute. 320 C. 535.Cited. 1 CA 99; 25 CA 751; 31 CA 80; Id., 476; 33 CA 365. Section is remedial in nature and permits court to consider a motion to substitute in the face of a pending motion to dismiss. 136 CA 99. Plaintiff should have moved to have a proper party plaintiff substituted for him in mortgage foreclosure action. 149 CA 224. Plaintiffs did not demonstrate that their belief that they were proper parties to commence action was a reasonable one, held in good faith and not the result of their own negligence in failing to name the proper party such as to constitute mistake under section. 157 CA 55. The term “mistake” as used in section does not mean the absence of negligence. 165 CA 239. Substitution is not categorically barred in every situation in which the decedent pre-deceases the commencement of the original action. 176 CA 64. Administrative appeals commenced under Sec. 4-183 are “actions” salvageable under this section where administrative appeal has been commenced in the name of an improper party due to a mistake. Id. Substitution under section is not categorically unavailable to cure suits commenced by unauthorized parties. Id.Cited. 18 CS 446. To determine the real matter in dispute, substitution of plaintiff must be allowed. 49 CS 542.
CT Gen Stat § 52-110 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 898 - Pleading|Section 52-110 - Summoning in of third parties by defendant who counterclaims.

 When a counterclaim raises questions affecting the interests of third parties, the defendant may, and if required by the court shall, cause the third parties to be summoned in as parties to the action.(1949 Rev., S. 7832; P.A. 82-160, S. 45.)History: P.A. 82-160 rephrased section.Defendant cannot cite in parties whose legal relation is only to himself, by raising issues which do not affect the judgment to be rendered. 50 C. 583. Cited. 68 C. 157.Cited. 25 CA 251; 41 CA 754.
CT Gen Stat § 52-111 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 898 - Pleading|Section 52-111 - Effect of change of parties.

 A change in parties, made by order of court, shall not impair any previous attachment of the property of any person remaining a defendant in the action, or impair bonds or recognizances of any person remaining a party, either as against himself or his sureties, or impair receipts to the officer for property attached. When parties are changed the court may order new bonds, if such new bonds are deemed necessary. Orders of court concerning change in parties may be upon terms, as to costs or otherwise, at the discretion of the court.(1949 Rev., S. 7833; P.A. 81-410, S. 4.)History: P.A. 81-410 deleted reference to “estate or body” and substituted “property”.Cited. 54 C. 242; 63 C. 476.
CT Gen Stat § 52-112 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 898 - Pleading|Section 52-112 - Insertion of names of partners in process in action by or against a partnership.

 (a) In commencing a civil action by or against a partnership, it shall not be necessary to insert the names of the partners in the process, provided the partnership name is stated. The plaintiff shall have the right, within the first three days of the court after the return day, to amend the process without costs by inserting the names of the partners.(b) An attachment, in any civil action against a partnership, of the private property of any of its members shall not be valid unless the name of the member is set forth in the process at the time of the attachment.(1949 Rev., S. 7834; 1959, P.A. 28, S. 108; P.A. 82-160, S. 46.)History: 1959 act deleted reference to writs returnable before a justice of the peace; P.A. 82-160 rephrased the section and inserted Subsec. indicators.The court may extend the time for amending. 19 C. 62. There can be no amendment by adding new names if only one was in the original writ. 24 C. 14. A writ against three as partners can be amended by adding a fourth. 32 C. 106. Cited. 61 C. 227. But plaintiff may sue partners in individual names instead of by partnership name. 103 C. 445. Cited. 117 C. 637; 192 C. 497; 194 C. 144.Cited. 4 CA 339.
CT Gen Stat § 52-113 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 898 - Pleading|Section 52-113 - Common counts; bill of particulars.

 Section 52-113 is repealed.(1949 Rev., S. 7835; P.A. 78-379, S. 26, 27.)
CT Gen Stat § 52-115 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 898 - Pleading|Section 52-115 - Pleading charters.

 All acts of incorporation passed by the General Assembly may be declared on or pleaded as public acts.(1949 Rev., S. 7837.)
CT Gen Stat § 52-117 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 898 - Pleading|Section 52-117 - Action on probate bond.

 (a) In any action upon a bond taken in a court of probate, not brought by a representative of the estate in connection with which the bond was given or by some person in his own behalf and that of all other persons interested in the estate, the plaintiff shall state in his complaint or reply, (1) the persons for whose special benefit the action is prosecuted, (2) how such persons are interested in the action, and (3) how the act or neglect of the defendant has injured their rights or affected their interests.(b) The judgment rendered in any such action shall not, in any future proceedings, by scire facias or otherwise, bar or conclude the rights of other persons interested in the bond.(1949 Rev., S. 7839; P.A. 82-160, S. 48.)History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.See Sec. 45a-144 re action on probate bond by aggrieved person.See Sec. 52-74 re action on foreign probate bond.Amount of recovery is limited to possible right of person for whose special benefit action is brought. 120 C. 346.
CT Gen Stat § 52-119 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 898 - Pleading|Section 52-119 - Pleading to be according to rules and orders of court.

 Parties failing to plead according to the rules and orders of the court may be nonsuited or defaulted, as the case may be.(1949 Rev., S. 7841.)See Sec. 51-59 re hours of operation of court clerks' offices.See Sec. 52-197 re rules governing orders to disclose facts, papers, books, documents, etc.Party cannot refuse obedience to order of court because he deems it erroneous, or because it is erroneous; until revoked or reversed, it is the law of the case. 63 C. 566. Statute does not require nonsuit to be granted where to do so would run counter to sound principles of procedure. 130 C. 654. Cited. 180 C. 223; 188 C. 145.Judgment on the pleadings not proper in absence of responsive pleading by plaintiff to special defense. 24 CS 494.
CT Gen Stat § 52-120 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 898 - Pleading|Section 52-120 - Pleading filed by consent after expiration of time.

 (a) Whenever any party or parties to a civil action, or his or their attorney, desires to file any pleading or amendment to any pleading which might properly be filed except for the fact that according to the rules of court the time within which the pleading or amendment may be filed has passed, the pleading or amendment may be filed with the clerk of the court, without an order of the court and without penalty, if the party or parties, or his or their attorney, obtains the written consent of the adverse party or parties or his or their attorney to the filing.(b) Upon the filing of the written consent and the pleading or amendment with the clerk of the court, the pleading or amendment shall become in all respects a proper pleading for the consideration of the court, as though filed within the time prescribed by the rules of court.(1949 Rev., S. 7842; P.A. 82-160, S. 49.)History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.Cited. 8 CS 510.
CT Gen Stat § 52-121 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 898 - Pleading|Section 52-121 - Pleading may be filed after expiration of time fixed, but prior to hearing on motion for default judgment or nonsuit. Judgment or penalty for failure to plead.

 (a) Any pleading in any civil action may be filed after the expiration of the time fixed by statute or by any rule of court until the court has heard any motion for judgment by default or nonsuit for failure to plead which has been filed in writing with the clerk of the court in which the action is pending.(b) No judgment of nonsuit or default, in any case in which appearance has been entered by the defendant, may be entered by the clerk of any court for failure to plead within the time fixed by statute, or by any rule of any court, until an order for it has been passed by the court after reasonable notice to the opposing counsel and hearing thereon.(c) No penalty for failure to plead within the time provided by any rule relating to the filing of any pleading may be imposed upon any party to any action unless the failure is a violation of an order or judgment made by the court after notice and hearing thereon.(1949 Rev., S. 7843; 1953, S. 3150d; P.A. 82-160, S. 50.)History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.Granting motion for judgment which was not for judgment by default or nonsuit for failure to plead violates statutory guaranty of right to plead further. 131 C. 266. Judgment by default invalid where court refused to hear counsel. 133 C. 696. Cited. 181 C. 607.Cited. 22 CA 4; 39 CA 306.Time for filing plea in abatement not extended; 3 CS 312; not applicable to pleadings of the same kind as others which have been disposed of. 8 CS 511. Cited. 10 CS 304; 15 CS 35; 17 CS 46; 19 CS 116. Defendant's right to plead over after a demurrer has been sustained continues until the court has heard a proper written motion for default for failure to plead. 20 CS 17. Cited. 21 CS 352. Inapplicable to motions for disclosure of defense and judgment. 32 CS 581.Subsec. (a):Trial court did not abuse its discretion in precluding third-party defendant from filing special defenses where trial court finds prejudice and possible delay. 53 CA 72. Trial court did not abuse its discretion in denying defendant's motion to set aside the default which was filed, with defendant's answer, more than 2 years after the return date. 78 CA 590. In determining whether filing of amended complaint following finding of default effectively extinguished the default and afforded defendant an opportunity to plead in response, the dispositive inquiry is whether the amendment reflected a substantial change to the pleadings in effect at the time that the default was entered. 178 CA 727.
CT Gen Stat § 52-122 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 898 - Pleading|Section 52-122 - Procedure in certain actions not changed.

 Sections 52-1, 52-45a, 52-45b, 52-91, 52-97 and 52-279 shall not affect flowage petitions, or proceedings in paternity, replevin, summary process, habeas corpus, mandamus, ne exeat, quo warranto, forcible entry and detainer or peaceable entry and forcible detainer, or for the payment of rewards.(1949 Rev., S. 7844; February, 1965, P.A. 574, S. 40; P.A. 81-410, S. 13; P.A. 82-160, S. 51.)History: 1965 act deleted obsolete reference to repealed Sec. 52-129; P.A. 81-410 deleted reference to Sec. 52-312; P.A. 82-160 rephrased section, deleted references to repealed sections and deleted “prohibition”.Flowage petitions may still be served by citation. 49 C. 348. Cited. 54 C. 319. Quo warranto. 55 C. 121. Cited. 66 C. 512; 69 C. 22; Id., 498; 104 C. 294. Summary process. 131 C. 531. Cited. 134 C. 435; 217 C. 52.Listed sections have nothing to do with appellate procedure. 15 CS 273. Cited. 17 CS 34; 36 CS 47; 38 CS 389.
CT Gen Stat § 52-126 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 898 - Pleading|Section 52-126 - Action not abated on account of marriage.

 An action commenced by a single person shall not abate on account of the person's marriage. The marriage of the person may be noted on the record and the action may then proceed in the same manner as if the action was commenced after the marriage.(1949 Rev., S. 7848; P.A. 74-77; P.A. 82-160, S. 52.)History: P.A. 74-77 removed distinction based on sex of person commencing action, substituting “single person” for “single woman” and “such person's marriage” for “her marriage”; P.A. 82-160 rephrased the section.Cited. 15 C. 569.
CT Gen Stat § 52-127 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 898 - Pleading|Section 52-127 - Process not to be drawn or filled out by officer.

 Any process or complaint drawn or filled out by a state marshal or constable, except in such marshal's or constable's own cause, shall abate; but process shall not abate on account of any alteration between the time of signing and of serving it.(1949 Rev., S. 7849; P.A. 82-160, S. 53; P.A. 00-99, S. 110, 154; P.A. 01-195, S. 59, 181.)History: P.A. 82-160 rephrased the section; P.A. 00-99 replaced references to sheriff and deputy sheriff with state marshal, effective December 1, 2000; P.A. 01-195 made a technical change for purposes of gender neutrality, effective July 11, 2001.Cited. 4 D. 436; 2 C. 377; 5 C. 538.
CT Gen Stat § 52-129 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 898 - Pleading|Section 52-129 - Amendment of pleadings in appeals from justices.

 Section 52-129 is repealed.(1949 Rev., S. 7851; 1959, P.A. 28, S. 204.)
CT Gen Stat § 52-131 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 898 - Pleading|Section 52-131 - Amendment of claim against estate of insolvent debtor or deceased person.

 In any hearing on the estate of an insolvent debtor or a deceased person before commissioners, or before the Superior Court on appeal from the actions of the commissioners, the claimant may amend any defect, mistake or informality in the statement of the claim, provided that he does not change the ground of action. Any such amendment in the Superior Court shall be upon such terms as to costs as the court directs.(1949 Rev., S. 7853; P.A. 76-436, S. 126, 681; P.A. 82-160, S. 54.)History: P.A. 76-436 deleted references to unspecified courts other than superior court, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 rephrased the section.Amendment held improper as changing the ground of action. 62 C. 373. Substitute statement of claim held allowable. 72 C. 172. “Ground of action” refers to the real object of the creditor in presenting his claim. 73 C. 585; 81 C. 433; Id., 441; 101 U.S. 263. Cited. 124 C. 51. Court may in its discretion allow the filing of amendments to pleadings before, during and after trial. 135 C. 170.Cited. 13 CS 327. Great latitude is allowed court in permitting amendments. 15 CS 34. Cited. 22 CS 247.
CT Gen Stat § 52-135 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 898 - Pleading|Section 52-135 - Amendment of pleadings after default or demurrer overruled; costs.

 The plaintiff, in any cause of action for unliquidated damages in which a default has been entered, or in which a judgment has been rendered upon a demurrer to the complaint overruled, may, at any time before final judgment, amend his complaint on the payment of costs, at the discretion of the court; but, after any such amendment, the defendant shall have a reasonable time to file an answer to the same.(1949 Rev., S. 7856.)Cited. 69 C. 554. Default admits allegations of original complaint, not those of subsequent substitute. 86 C. 308. Court may in its discretion allow the filing of amendments to pleadings before, during and after trial. 135 C. 170.
CT Gen Stat § 52-136 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 898 - Pleading|Section 52-136 - Amendment from contract to tort and vice versa.

 The complaint in an action brought for breach of contract may be amended so as to set forth instead a cause of action founded on a tort, arising from the same transaction or subject of action; and any complaint founded on a tort may be amended so as to set forth instead a cause of action for a breach of contract arising out of the same transaction or subject of action.(1949 Rev., S. 7857.)See Sec. 52-244 re circumstances under which plaintiff may not recover costs.“A cause of action arising from the same transaction” is identical in substance with the term “ground of action”. 56 C. 594. Cited. 60 C. 500. Refers not to a new count, but such an amended statement as makes it a statement of a new cause sounding differently. 63 C. 372. Cited. 66 C. 500. Court may in its discretion allow the filing of amendments to pleadings before, during and after trial. 135 C. 170.
CT Gen Stat § 52-137 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 898 - Pleading|Section 52-137 - Amendment changing the relief sought.

 If, on the trial upon an issue of fact or of law of an action in which equitable relief is demanded, it appears that the plaintiff is not entitled to equitable relief, but may be entitled to legal relief, the court may allow the complaint to be amended so as to present a proper case for legal relief. In like manner a complaint demanding legal relief may be amended to entitle the plaintiff to equitable relief.(1949 Rev., S. 7858; P.A. 82-160, S. 55.)History: P.A. 82-160 rephrased the section.Cited. 60 C. 400; 99 C. 216. Court may in its discretion allow the filing of amendments to pleadings before, during and after trial. 135 C. 170. Cited. 163 C. 7.
CT Gen Stat § 52-138 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 898 - Pleading|Section 52-138 - Amendment calling for legal relief; jury trial.

 If any complaint is so amended as to call for legal instead of equitable relief, the court shall not proceed to judgment until the defendant has had a reasonable opportunity to put the issue or issues, on which the new claim for relief may be based, on the jury docket.(1949 Rev., S. 7859.)Amendment merely changing date does not give further time in which to claim jury trial. 76 C. 680; 95 C. 576. Court may in its discretion allow the filing of amendments to pleadings before, during and after trial. 135 C. 170.
CT Gen Stat § 52-140 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 898 - Pleading|Section 52-140 - Set-off by defendant in suit by assignee.

 In any action brought in his own name by the assignee of a chose in action not negotiable, the defendant, or any of the defendants, may set off, in the manner and to the extent provided in section 52-139, any mutual debt between him and the plaintiff or any of the plaintiffs, or between him and the assignors of such chose in action, or any of them.(1949 Rev., S. 7861.)
CT Gen Stat § 52-141 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 898 - Pleading|Section 52-141 - Set-off in action for trespass or tort.

 (a) In a civil action for trespass to real or personal property or for a tort, unaccompanied by force, resulting in consequential injury, a defendant may set off against any judgment rendered against him any debt which he holds, jointly or severally, against the plaintiff, subject to the conditions contained in subsections (b) and (c) of this section.(b) (1) This section shall not apply to a civil action for damages for taking property exempt from execution.(2) No debt which was acquired by a defendant by purchase or assignment after the accruing of the cause of action upon which the judgment is rendered may be allowed as a set-off under this section.(3) An assignment of the judgment by the plaintiff shall not affect the right of set-off and any such assignment shall be taken subject to the right of set-off.(4) Any such set-off shall be claimed by filing a complaint in the court in which the judgment has been rendered within twenty-four hours after final judgment.(5) No set-off may be allowed in cases where the defendant had the right of set-off on the trial of the case.(c) (1) The court shall make any proper set-off immediately if the debt claimed is admitted by the plaintiff or evidenced by judgment.(2) If a claimed set-off is not admitted or evidenced by judgment and is denied by the plaintiff, it shall not be allowed unless the defendant has instituted a suit therefor prior to the rendition of judgment in the original action. If any such suit is pending at the time of rendition of judgment for the plaintiff in the original action, the court rendering judgment shall stay execution thereon until the final termination of the suit. Upon termination of the suit, the court shall allow the set-off in the original action in accordance with the amount adjudged to be due on the set-off claim in the suit.(1949 Rev., S. 7863, 7864; P.A. 82-160, S. 57.)History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.No set-off can be allowed in trespass for levying on exempt property, though part of it was not exempt. 33 C. 236. Construction of clause de “taking” property exempt from execution. 45 C. 567. Set-off in tort actions generally. 66 C. 500; 82 C. 362. Unless procedure followed, right is waived; but equitable principles governing in receiverships may require set-off to be allowed. 78 C. 443; Id., 450. Cited. 221 C. 912; 225 C. 146; 233 C. 460.Cited. 26 CA 322.Cited. 5 CS 146.