reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 896 - Civil Process, Service and Time for Return › Section 52-72. - Amendment of process.

(a) Upon payment of taxable costs, any court shall allow a proper amendment to civil process which is for any reason defective.
(b) Such amended process shall be served in the same manner as other civil process and shall have the same effect, from the date of the service, as if originally proper in form.
(c) If the court, on motion and after hearing, finds that the parties had notice of the pendency of the action and their rights have not been prejudiced or affected by reason of the defect, any attachment made by the original service and the rights under any lis pendens shall be preserved and continued from the date of service of the original process as though the original process had been in proper form. A certified copy of the finding shall be attached to and served with the amended process.
(1949 Rev., S. 7793; P.A. 82-160, S. 26; P.A. 12-133, S. 17.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators; P.A. 12-133 amended Subsec. (a) by providing that upon payment of taxable costs, any court shall allow a proper amendment to civil process which is for any reason defective and by deleting references to “process which has been made returnable to the wrong return day” and “upon payment of costs taxable upon sustaining a plea in abatement”.
See Sec. 52-130 re amendments of defects, mistakes or informalities in pleadings, record or proceedings.
Fact that process may be amended to cure defect is not ground for refusal to sustain plea in abatement. 131 C. 658. Cited. 178 C. 472; 227 C. 913; 228 C. 914. Section is mandatory; judgment of Appellate Court in 31 CA 793 reversed. 229 C. 618. Cited. 232 C. 392; 236 C. 681. Provision should be liberally construed in favor of those whom legislature intended to benefit; provision allows amendment to correct a late return of process. 243 C. 657. Under 2009 revision, plaintiff's failure to attach a summons or citation to the complaint was a substantive defect in the service of process and was not the type of technical defect that is amendable pursuant to section. 308 C. 180.
Cited. 18 CA 488; 23 CA 188; 31 CA 793; judgment reversed, see 229 C. 618; 33 CA 6; judgment reversed, see 228 C. 914. Intent is to prevent loss of jurisdiction merely because of defect of return date. 50 CA 456. Although Sec. 52-48 sets forth 2-month time limitation for return of process, the legislature, by enacting this section, clearly provided parties an avenue to correct a procedural error concerning such process. 61 CA 305. The date process is returned to court is an historical fact that is substantive in nature and is not amendable pursuant to section. 157 CA 617. Return date of a summary process action may be amended to correct failure to return the complaint at least three days before the return date as required by Sec. 47a-23a. 191 CA 842.
Cited. 18 CS 482; 29 CS 289; 40 CS 243; 44 CS 39.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 897 - Parties and Appearances › Section 52-73. - Municipal corporations may sue and be sued.

Towns, societies, communities and corporations may prosecute and defend civil actions, may appoint agents to appear in their behalf and may employ attorneys in such actions.
(1949 Rev., S. 7794; 1959, P.A. 152, S. 74.)
History: 1959 act deleted provision counties may prosecute and defend, county government having been abolished.
Counties at one time were not liable to suit. 1 R. 158; 2 R. 30; 12 C. 404. Section includes school districts. 10 C. 390. Suits by part of a society, under special authority. 2 D. 259. Description of town, as plaintiff. 3 C. 1. Selectmen may sue for town without special authority. 19 C. 331; 64 C. 88. Power of town to employ counsel to oppose adverse legislation. 70 C. 40. “Pretended town” as party. 77 C. 266. So to defend members of school committee in action involving performance of their duties. 79 C. 237.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 897 - Parties and Appearances › Section 52-73a. (Formerly Sec. 52-116). - Action on bond to municipal officer.

When any bond, note or other security is taken to any officer of a community or corporation in this state, wherein the beneficial interest belongs, or on the face of such security appears to belong, to such community or corporation, any action to recover or enforce the same may be maintained by such community or corporation in its own corporate name.
(1949 Rev., S. 7838.)
History: Sec. 52-116 transferred to Sec. 52-73a in 1983.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 897 - Parties and Appearances › Section 52-74. - Action on foreign probate bond.

Any bond entered into in accordance with the laws of any other state of the United States, conditioned for the proper performance by any person or persons of the duties of executor, administrator, guardian or trustee, to the acceptance of the court having jurisdiction, may be enforced, in case of breach, against any obligors therein, resident within this state, by an action in the name of the person or persons who would be entitled to sue thereon in the proper courts of such other state. All such suits, in respect to the security for the costs by endorsement, and the effect of the judgments rendered in the same, shall be governed by the provisions concerning actions on probate bonds contained in section 52-117.
(1949 Rev., S. 7795; P.A. 15-85, S. 13.)
History: P.A. 15-85 deleted reference to Sec. 52-190 and made a technical change.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 897 - Parties and Appearances › Section 52-75. - Action by holder of mortgage or lien where grantee assumed the debt.

Whenever any real property encumbered by mortgage or lien is conveyed subject to the mortgage or lien and there is a provision in the conveyance that the grantee shall assume and pay the encumbrance, the holder of the mortgage or lien may, upon the nonpayment of the the encumbrance, maintain an action in his own name upon the grantee's promise, without obtaining an assignment thereof from the grantor of the property.
(1949 Rev., S. 7796; P.A. 82-160, S. 27.)
History: P.A. 82-160 replaced “estate” with “property” and rephrased the section.
Undertaking of grantee held to be an absolute contract to pay the mortgage debt. 42 C. 253; 48 C. 239. Prior to statute, mortgagee could not sue grantee who assumed the mortgage debt. 49 C. 191. Relationship and rights of parties. 51 C. 39. Failure of husband married before 1877 to join in mortgage no defense to action on assumption. 72 C. 714. Cited. 73 C. 398. Extends to all subsequent grantees of mortgage. 75 C. 70. But merely taking of equity subject to mortgage does not constitute assumption of debt, and even assumption of debt is open to explanation. 76 C. 584; 87 C. 567; 88 C. 197; 89 C. 66. Right of purchaser of land who pays mortgage to have it assigned to him. 95 C. 585. Mortgage holder may make liable one who assumed, even though in chain of title some previous owner of the equity did not assume. 110 C. 86. Cited. 111 C. 277; 114 C. 201; 124 C. 338; 190 C. 756.
Cited. 5 CS 206.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 897 - Parties and Appearances › Section 52-76. - Actions by and against voluntary associations.

Any number of persons associated together as a voluntary association, not having corporate powers, but known by a distinguishing name, may sue and be sued and plead and be impleaded by such name. A civil action may be brought against such an association by any individual member thereof and such association may bring civil actions against individual members. Civil actions may be brought, both in contract and tort, against such an association and its members, but no such civil action, except on contract, may be brought against the members without joining the association as a party to the action if the association is located or has property subject to attachment in this state.
(1949 Rev., S. 7797; P.A. 82-160, S. 28.)
History: P.A. 82-160 replaced “suits” with “civil actions” and rephrased the section.
See Sec. 52-57(e) re service of process upon presiding officer, secretary or treasurer of voluntary association.
See Sec. 52-292 re attachment in actions against voluntary associations and their members.
See Sec. 52-365 re demand on execution against voluntary association.
Voluntary association cannot, as such, hold real estate. 44 C. 260. When individual members liable for goods purchased. 55 C. 111. Prior to amendment of 1893, a member could not sue the association. 61 C. 227. Association may give note to compromise suit pending against it. 70 C. 636. Includes action for damages for wrongful expulsion of member. 76 C. 649. Quo warranto against “pretended town”. 77 C. 265. Reasons for denying to member of a voluntary unincorporated association a cause of action in negligence against the association do not apply in the case of intentional torts; statute, however, is procedural and creates no substantive right; if the acts of which plaintiff complains occurred in the course of a labor dispute, it is necessary to determine the effect of Sec. 31-114 in determining whether plaintiff has a substantive right of action which he can enforce against the union. 150 C. 266. Cited. 186 C. 725.
A labor union may sue in its own name. 15 CS 321. Cited. 42 CS 336.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 897 - Parties and Appearances › Section 52-77. - Action by joint tenant or tenant in common; effect of nonjoinder.

Any joint tenant or tenant in common of land may maintain an action in his own name for any injury thereto; but the nonjoinder of the other tenants may be shown by the defendant in reduction of damages, and the plaintiff shall only recover for the damage to his interest.
(1949 Rev., S. 7798.)
In bringing and defending suits, cotenants are independent of each other. 52 C. 263.
Cited. 3 CA 550.
Cited. 6 Conn. Cir. Ct. 147.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 897 - Parties and Appearances › Section 52-78. - Joinder of executor or administrator for a deceased joint contractor.

(a) In any case in which any joint contractor, other than a partner, has died, the executor of the will or administrator of the estate of the deceased joint contractor may be joined with the surviving contractor or contractors as a joint plaintiff, in any action upon any joint contract of the decedent and the survivor or survivors, and as a joint defendant if the estate of the decedent is not in settlement as an insolvent estate. If the estate of the decedent is joined as a joint defendant and afterwards is represented insolvent, the insolvency may be noted on the record, and thereupon the action, in respect to the executor or administrator, shall be discontinued.
(b) Any judgment against the executor or administrator shall run against the estate of the decedent only, in the same manner as if he were sued alone. The provisions of this section shall not operate to extend the time limited by the Court of Probate for the presentation of claims against the estate of the decedent.
(1949 Rev., S. 7799; P.A. 82-160, S. 29.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 897 - Parties and Appearances › Section 52-81. - Costs taxable on withdrawal.

Upon the withdrawal of any civil action after it has been returned to court and entered upon the docket, and after an appearance has been entered for the defendant, a judgment for costs, if claimed by him, shall be rendered in his favor, but not otherwise. Judgment for costs shall not be rendered after the expiration of six months from the date of the withdrawal and no costs may be allowed which accrued after actual notice in writing of the withdrawal was given by the plaintiff to the defendant or his attorney, unless good reason therefor is shown to the court.
(1949 Rev., S. 7802; P.A. 82-160, S. 30.)
History: P.A. 82-160 rephrased the section.
Applies to cases withdrawn before, as well as to those withdrawn after, the return day. 70 C. 380. The right to costs, if it exists, rests on some statute or authorized rule of court. 73 C. 614. Cited. 123 C. 168; 240 C. 58.
Cited. 20 CA 218.
Cited. 16 CS 88.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 897 - Parties and Appearances › Section 52-82. - Withdrawal when court not in session or before return day.

The plaintiff may withdraw a civil action when the Superior Court is not in session or at any time before the return day, by filing in the clerk's office a written notice of the withdrawal, signed by himself or his attorney, specifying the action withdrawn and the time of withdrawal. The clerk shall enter the action on the docket of the court, at or before its next return day, with a note of the withdrawal and of its date.
(1949 Rev., S. 7803; 1967, P.A. 656, S. 37; P.A. 76-436, S. 402, 681; P.A. 82-160, S. 31.)
History: 1967 act substituted “when the court is not sitting” for reference to court's being “in vacation”; P.A. 76-436 removed actions returnable to court of common pleas from purview of section, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 rephrased the section.
A suit before a justice of the peace cannot be withdrawn before it is returned. 29 C. 519. Cited. 123 C. 168.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 897 - Parties and Appearances › Section 52-83. - Nonresident plaintiff's appearance by attorney sufficient.

In any action brought by one who is not an inhabitant of this state, the clerk of the court shall enter in the record of the cause the name of the attorney by whom such plaintiff appeared, which record shall be evidence that such attorney was the lawful attorney of the plaintiff.
(1949 Rev., S. 7804.)
An objection that the attorney appears without authority must be taken early. 2 R. 348. Applies where nonresident plaintiff sues under a trade name. 94 C. 85.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 897 - Parties and Appearances › Section 52-84. - When judgment by default may be rendered.

When any process has been served on any defendant and returned to court, if he does not appear on or before the second day after the return day, judgment by default may be rendered against him.
(1949 Rev., S. 7805; 1967, P.A. 742, S. 2.)
History: 1967 act substituted “second day after the return day” for “second day of its session”.
See Sec. 51-55 re judgments of default or nonsuit.
The judgment should be entered at the first or second term. 17 C. 537. It admits a cause of action, but nothing more. 26 C. 436; 33 C. 250; Id., 346. It may be opened on terms. 38 C. 497. A default admits only the cause of action stated in the complaint. 45 C. 58. There may be an actual appearance to defend, without an entry on the docket. 51 C. 391. Nature of judgment by default. 67 C. 133; 69 C. 440; 75 C. 76; 97 C. 123. Opening defaults; discretion of court. 69 C. 355. Contents of judgment file. 73 C. 680. Default admits complaint as it stands, not as it may be amended. 86 C. 308. Effect of default for nonappearance. 97 C. 125. Cited. 139 C. 535. Court, in its discretion, may allow the filing of a late appearance. 148 C. 435.
Cited. 24 CS 83.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 897 - Parties and Appearances › Section 52-85. - When garnishee may move to assign case for trial.

When, in an action commenced in the Superior Court by process of foreign attachment or garnishment, the defendant does not appear, if the plaintiff does not take a default in the action within four months after the return day, the court may, at any time thereafter, upon motion of any garnishee in the action, assign the action for trial.
(1949 Rev., S. 7806; P.A. 76-436, S. 412, 681; P.A. 82-160, S. 32.)
History: P.A. 76-436 removed actions brought to court of common pleas from purview of section, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 added “or garnishment” and rephrased the section.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 897 - Parties and Appearances › Section 52-86. - When creditor may appear and defend. Costs. Prohibited defenses.

(a) In any action in which property has been attached, any person may appear and defend in the name of the defendant if: (1) He files in the court an affidavit (A) that he is a creditor of the defendant, (B) that he has good reason to believe, and does believe, that the amount which the plaintiff claims was not justly due at the commencement of the action, and (C) that he is in danger of being defrauded by a recovery by the plaintiff; and (2) he gives bond with surety to the plaintiff, in such amount as the court approves, for the payment of such costs as the plaintiff may thereafter recover.
(b) If the plaintiff recovers his whole claim, costs shall be taxed against the defendant to the time of the appearance of the creditor, and the creditor shall be liable upon his bond for the remainder of the costs. If only a part of the plaintiff's claim is recovered, the whole costs shall be taxed against the defendant, and the creditor shall not be liable for the same. If judgment is rendered in favor of the defendant, costs shall be taxed in his favor against the plaintiff, but the court may order that the judgment and execution therefor shall belong to the creditor.
(c) A creditor appearing pursuant to the provisions of this section shall not be permitted to plead in abatement, to plead or give in evidence the statute of limitations, to plead that the contract was not in writing according to the requirements of the statute, or to plead any other statutory defense consistent with the justice of the plaintiff's claim.
(1949 Rev., S. 7807; P.A. 82-160, S. 33.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.
Does not impair any right of attaching creditor, but affords him an additional remedy. 25 C. 362. Cited. 151 C. 611.
Garnishment of a debt due a nonresident defendant is in the nature of a proceeding in rem; no service of process on defendant is required. 20 CS 293. Cited. 25 CS 274.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 897 - Parties and Appearances › Section 52-88. - Defense by garnishee. Continuance, postponement or adjournment of action.

In any action in which property is garnished, if the defendant does not appear, any garnishee may be admitted to defend his principal; but, if the defendant is not in this state and does not appear, personally or by attorney, and the garnishee does not appear to defend, the action shall be continued, postponed or adjourned for three months from the return day of the writ. A continuance, postponement or adjournment, prescribed in section 52-87 or this section, shall not be granted or, if granted, shall terminate whenever the court finds that the absent or nonresident defendant, or his authorized agent or attorney, has received actual notice of the pendency of the case at least twelve days prior to such finding, and thereupon, unless some special reason is shown for further delay, the cause may be brought to trial.
(1949 Rev., S. 7809, 7810; P.A. 82-160, S. 35.)
History: P.A. 82-160 replaced action “by foreign attachment” with “in which property is garnished”.
Appearance by garnishee will not justify a judgment at the first term. K. 377. A garnishee, who defends, may retain costs from the funds factorized. 2 R. 250. “If the defendant is not in this state” applies to a nonresident defendant and not to an inhabitant of the state temporarily absent. 49 C. 452. Cited. 79 C. 15. Applied in action of ejectment; proper procedure outlined. 108 C. 175. Cited. 121 C. 35.
Actual notice under section obviates need to grant continuance provided in Sec. 52-87. 33 CS 570.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 898 - Pleading › Section 52-91a. (Formerly Sec. 52-38). - Foreclosure. Redemption. Matter in demand.

In actions for the foreclosure of title or the redemption of property claimed to be subject to a mortgage or lien, the amount of the debt or liability secured by such mortgage or lien, as described in the mortgage or certificate of lien, shall be deemed to be the amount of the matter in demand.
(1949 Rev., S. 7746.)
History: Sec. 52-38 transferred to Sec. 52-91a in 1983.
Annotations to former section 52-38:
Court of common pleas under former statute had no jurisdiction to foreclose a $3,000 mortgage on account of the nonpayment of semiannual interest. 41 C. 286. Interest on note carrying sum due beyond court's limit will not oust it of jurisdiction. Id., 419. What presumed in support of jurisdiction. 43 C. 279. Under former statute, court of common pleas could not adjudicate the validity and priority of a $1,900 mortgage, although auxiliary to the foreclosure of a judgment lien within its jurisdiction. 70 C. 386. Court cannot extend jurisdiction to an earlier encumbrance exceeding its limit. Id., 388. Rule applied to action to set aside deed. 87 C. 300. Applies by analogy in suit to have alleged lien removed as a cloud on title. 95 C. 68. Cited. 134 C. 653.
Interest due is included but reasonable attorney's fees are not. 16 CS 323.
Amount in demand is amount of lien and determines jurisdiction of court. 5 Conn. Cir. Ct. 346.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 898 - Pleading › Section 52-93 to 52-96. - Answer; general and special denial. Plaintiff's reply; general and special denial; further pleadings. Pleading over allowed if demurrer overruled. Pleading of counterclaim and set-off.

Sections 52-93 to 52-96, inclusive, are repealed.
(1949 Rev., S. 7815–7818; 1967, P.A. 656, S. 38; P.A. 78-379, S. 26, 27.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 898 - Pleading › Section 52-99. - Untrue allegations or denials; costs.

Any allegation or denial made without reasonable cause and found untrue shall subject the party pleading the same to the payment of such reasonable expenses, to be taxed by the court, as may have been necessarily incurred by the other party by reason of such untrue pleading; provided no expenses for counsel fees shall be taxed exceeding five hundred dollars for any one offense.
(1949 Rev., S. 7821; P.A. 22-26, S. 43.)
History: P.A. 22-26 replaced $10 with $500.
General denial improper where part of claim is admittedly true. 67 C. 76. Pleader must not take totally inconsistent positions. 82 C. 592, but see 82 C. 623. Effect of violation of this rule; failure of other party to claim penalty; judgment is not invalidated. 99 C. 167. Expenses should be deducted where prevailing party has violated rule. 107 C. 494. One who violates rule not precluded from setting up own defenses in pleading. 124 C. 536. Cited. 218 C. 65. Statute didn't abrogate common law immunity against insurer's knowingly false communications in judicial proceedings as safeguards other than civil liability exist to deter misconduct and provide relief. 342 C. 582.
Cited. 18 CA 344.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 898 - Pleading › Section 52-101. - Joinder of interested persons as plaintiffs.

All persons having an interest in the subject of a civil action, and in obtaining the judgment demanded, may be joined as plaintiffs, except as otherwise expressly provided; and, if one who ought to be joined as plaintiff declines to join, he may be made a defendant, the reason therefor being stated in the complaint.
(1949 Rev., S. 7823; P.A. 82-160, S. 37.)
History: P.A. 82-160 added the words “a civil” before “action”.
Practice act is liberal in respect to parties; 52 C. 235; technical rules abolished. 81 C. 127. When same individual cannot sue as executor and as trustee. 60 C. 399. Cited. 63 C. 476. Several beneficiaries unequally interested may unite to recover damages for the conversion of a single trust fund. 65 C. 556. Ordinarily, plaintiffs may join at will and should not be stricken out without their consent. 72 C. 478. Shareholders in corporation may join in tax appeal where interests are identical. 73 C. 288. When taxpayers appealing from former board of relief may be joined. Id., 293. Parties beneficially but unequally interested in estate may join with administratrix in foreclosing judgment lien. 75 C. 154. Creditors of dissolved corporation properly joined as plaintiffs in action to enforce stockholder's liability. 78 C. 596. Owners abutting on highway may join in action to prevent its obstruction. 79 C. 359. Various certificate holders in safety fund of insurance company properly joined in equitable action to enforce their rights. 80 C. 702. Owner of property proper plaintiff in summary process, though action is brought in behalf of one who has agreed to purchase it. 94 C. 452. Where taxpayer appeals from board of relief because another's property was not assessed at all, such other is a necessary party defendant. 109 C. 361. A mortgagee and one to whom the mortgage has been pledged as security for a debt of less amount than the mortgage may join as coplaintiffs in action to foreclose. 111 C. 111. Cited. 145 C. 191; 146 C. 570. Legislative policy of Secs. 52-101 to 52-110 is in favor of speeding justice. 154 C. 455.
Cited. 7 CA 613.
Who are proper parties to set aside a deed alleged to have been executed under undue influence and mental incapacity. 16 CS 212. Cited. 44 CS 569.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 898 - Pleading › Section 52-103. - Citation of new parties by judge.

Any court, or a judge when the court is not in session, upon motion, may cite in a new party or parties to any action pending before the court or judge, and may include in such citation an order for any proper prejudgment remedy or hearing for a prejudgment remedy.
(1949 Rev., S. 7826; P.A. 81-410, S. 3.)
History: P.A. 81-410 deleted provisions re supplemental attachments and substituted order for any proper prejudgment remedy or hearing for a prejudgment remedy.
Cited. 191 C. 1; 212 C. 628.
Cited. 25 CS 315. Section may not be used by Probate Court appellant to become party to another's appeal. 28 CS 392.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 898 - Pleading › Section 52-104. - Joinder of plaintiffs and consolidation of causes.

All persons may be joined in one action as plaintiffs in whom any right of relief in respect to or arising out of the same transaction or series of transactions is alleged to exist either jointly or severally when, if such persons brought separate actions, any common question of law or fact would arise; provided, if, upon the motion of any party, it would appear that the joinder might embarrass or delay the trial of the action, the court may order separate trials, or make such other order as may be expedient, and judgment may be given for such one or more of the plaintiffs as may be found to be entitled to relief, for the relief to which he or they may be entitled. If two or more persons are joined as plaintiffs in an action, there shall be only one entry fee, one jury fee, if claimed for jury trial, and such other costs as may by rule be prescribed.
(1949 Rev., S. 7824; P.A. 82-160, S. 39.)
History: P.A. 82-160 rephrased the section.
See Sec. 52-36a re claiming consolidated case to jury.
See Sec. 52-484 re interpleader.
Cited. 129 C. 608. Independent of statutory authority, courts of general jurisdiction have inherent power to consolidate different causes, or order them tried together. 130 C. 277. Five plaintiffs furnished materials or services in construction of defendant's house; held proper to join in one action provided any one court had jurisdiction of all causes of action. 139 C. 141. Cited. 143 C. 114; 145 C. 191; 146 C. 570; 191 C. 1.
Cited. 10 CS 391; Id., 528; 12 CS 78; Id., 280. The monetary jurisdictional requirement for an action in the superior or common pleas court is not affected by the permissible joinder of plaintiffs. Id., 78; 14 CS 41; 15 CS 32. Cited. 16 CS 208. A common question of law or fact is not presented where there are two plaintiffs involved in two different accidents in which more than one question must be litigated. 23 CS 93. If much time, effort and expense would be spared in actions between same parties on substantially same grounds, court will grant motion to consolidate. 24 CS 467. Cited. 36 CS 56.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 898 - Pleading › Section 52-105. - Numerous parties may be represented by one.

When the persons who might be made parties are very numerous, so that it would be impracticable or unreasonably expensive to make them all parties, one or more may sue or be sued or may be authorized by the court to defend for the benefit of all.
(1949 Rev., S. 7827.)
A few of the landowners of town may sue in behalf of all similarly affected; statute not applicable when interests of other parties on whose behalf action is brought are inconsistent with those of plaintiffs. 118 C. 526. Cited. 123 C. 484; 125 C. 698. On application by receiver of mortgage company to sell foreclosed real estate, participating certificate holders should be made parties; if numerous, one or more may represent all. 128 C. 375. Cited. 145 C. 191. Signers of one petition used this procedure to sue signers of another petition; held sufficient. Id., 570. Cited. 154 C. 74, 79. Section did not give plaintiff taxpayers standing to challenge constitutional and legal existence of city of Danbury; doctrine of de facto municipal corporations discussed. 156 C. 347. Cited. 159 C. 457. Section, which permits a class action, deals only with a civil action and cannot be applied to a proceeding under Sec. 4-61
l
(46a-99), which constitutes a procedure for taking an appeal. 165 C. 516. Cited. 168 C. 212; 174 C. 606; 177 C. 191; 191 C. 1; 192 C. 581; 215 C. 224. Section creates a statutory right to participate in a class action once a trial court deems it appropriate. 285 C. 462.
Does not apply to probate proceedings; statute limited to cases wherein parties are very numerous, not enough that it is impracticable to join all the parties; 6 parties are not very numerous. 13 CS 327. Cited. 25 CS 313; 31 CS 356; 37 CS 46; 41 CS 484; 44 CS 569.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 898 - Pleading › Section 52-124 and 52-125. - Plea in abatement; issue of fact; answer over. Amendment after plea in abatement.

Sections 52-124 and 52-125 are repealed.
(1949 Rev., S. 7846, 7847; 1961, P.A. 517, S. 133; P.A. 78-379, S. 26, 27.)
2023 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.
2023 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.
2023 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.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 898 - Pleading › Section 52-132 to 52-134. - Amendment of ad damnum clause. Relief beyond jurisdiction; transfer of action. Amendment raising damages after appeal from justice.

Sections 52-132 to 52-134, inclusive, are repealed.
(1949 Rev., S. 7854; 7855, 7862; 1959, P.A. 28, S. 109, 204; 1972, P.A. 281, S. 31; P.A. 74-183, S. 83, 291; P.A. 76-436, S. 138, 670, 681.)