Title 52 — Title 52: Civil Actions

Sec. 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, th…

Sec. 52-118. Action by assignee of chose in action. The assignee and equitable and bona fide owner of any chose in action, not negotiable, may sue thereon in his own name. Such a plaintiff shall allege in his complaint that he is the actual bona fide owner of the chose in action,…

Sec. 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. 52-120. 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 …

Sec. 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 a…

Sec. 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 o…

Sec. 52-123. Circumstantial defects not to abate pleadings. No writ, pleading, judgment or any kind of proceeding in court or course of justice shall be abated, suspended, set aside or reversed for any kind of circumstantial errors, mistakes or defects, if the person and the caus…

Secs. 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 Sections 52-124 and 52-125 are repealed.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.)

Sec. 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 commenc…

Sec. 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 o…

Sec. 52-128. Amendment of pleadings by plaintiff; costs. The plaintiff may amend any defect, mistake or informality in the writ, complaint, declaration or petition, and insert new counts in the complaint or declaration, which might have been originally inserted therein, without c…

Sec. 52-129. Amendment of pleadings in appeals from justices. Section 52-129 is repealed. (1949 Rev., S. 7851; 1959, P.A. 28, S. 204.)

Sec. 52-130. Amendment of defects, mistakes or informalities. Parties may amend any defect, mistake or informality in the pleadings or other parts of the record or proceedings. When either party supposes that in any part of the pleadings he has missed the ground of his plea, and …

Sec. 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 ame…

Secs. 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. …

Sec. 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 tim…

Sec. 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 …

Sec. 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 …

Sec. 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 …

Sec. 52-139. Set-off of mutual debts; procedure. (a) In any action brought for the recovery of a debt, if there are mutual debts between the plaintiff or plaintiffs, or any of them, and the defendant or defendants, or any of them, one debt may be set off against the other. (b) No…

Sec. 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 betw…

Sec. 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…

Sec. 52-142. Joint debtors; discharge; set-off. A discharge to one of several joint debtors, purporting to discharge him only, shall not affect the claim of the creditor against the other joint debtors. The other joint debtors may be sued for the debt and may set off any demand w…

Secs. 52-89 and 52-90. Transferred to Chapter 896, Secs. 52-45a and 52-45b, respectively.

Sec. 52-91. Pleadings; contents of complaint. There shall be one form of civil action. The first pleading on the part of the plaintiff shall be known as the complaint and shall contain a statement of the facts constituting the cause of action and, on a separate page of the compla…

Sec. 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 …

Sec. 52-92. Demurrers to be specific. Section 52-92 is repealed, effective October 1, 2012. (1949 Rev., S. 7814; P.A. 12-133, S. 47.)

Secs. 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. 7815–781…

Sec. 52-97. Union of legal and equitable causes of action; limitation. In any civil action the plaintiff may include in his complaint both legal and equitable rights and causes of action, and demand both legal and equitable remedies; but, if several causes of action are united in…

Sec. 52-98. Pleadings to allege the material facts in concise form. Section 52-98 is repealed. (1949 Rev., S. 7820; P.A. 78-379, S. 26, 27.)

Sec. 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 o…

Sec. 52-143. Subpoenas for witnesses. Penalty for failure to appear and testify. (a) Subpoenas for witnesses shall be signed by the clerk of the court or a commissioner of the Superior Court and shall be served by an officer, indifferent person or, in any criminal case in which a…

Sec. 52-144. Form of subpoena. The form of a subpoena may be as follows: To A. B. and C. D. of ....: By authority of the state of Connecticut, you are hereby commanded to appear before the .... court, to be held at .... on the .... day of .... or to such day thereafter and within…

Sec. 52-145. Certain witnesses not disqualified. Credibility. (a) A person shall not be disqualified as a witness in any action because of, (1) his interest in the outcome of the action as a party or otherwise, (2) his disbelief in the existence of a supreme being, or (3) his con…

Sec. 52-146. Wife as a witness against her husband. A wife may be compelled to testify in any action brought against her husband for necessaries furnished her while living apart from him. (1949 Rev., S. 7869.) Cited. 190 C. 813; 211 C. 555. Statute applies only when agreement doe…

Sec. 52-146a. Transferred to Sec. 52-146d.

Sec. 52-146b. Privileged communications made to clergymen. A clergyman, priest, minister, rabbi or practitioner of any religious denomination accredited by the religious body to which he belongs who is settled in the work of the ministry shall not disclose confidential communicat…

Sec. 52-146c. Privileged communications between psychologist and patient. (a) As used in this section: (1) “Person” means an individual who consults a psychologist for purposes of diagnosis or treatment; (2) “Psychologist” means an individual licensed to practice psychology pursu…

Sec. 52-146d. (Formerly Sec. 52-146a). Privileged communications between psychiatric mental health provider and patient. Definitions. As used in sections 52-146d to 52-146i, inclusive: (1) “Authorized representative” means (A) a person empowered by a patient to assert the confide…

Sec. 52-146e. Disclosure of communications. (a) All communications and records as defined in section 52-146d shall be confidential and shall be subject to the provisions of sections 52-146d to 52-146j, inclusive. Except as provided in sections 52-146f to 52-146i, inclusive, no pe…

Sec. 52-146f. Consent not required for disclosure, when. Consent of the patient shall not be required for the disclosure or transmission of communications or records of the patient in the following situations as specifically limited: (1) Communications or records may be disclosed…

Sec. 52-146g. Access to communications and records by persons engaged in research. (a) A person engaged in research may have access to psychiatric communications and records which identify patients where needed for such research, if such person's research plan is first submitted …

Sec. 52-146h. Transfer of information to Commissioner of Mental Health and Addiction Services. Storage of records and communications. (a) Any facility or individual under contract with the Department of Mental Health and Addiction Services to provide behavioral health services sh…

Sec. 52-146i. Labeling of confidential records. All written communications or records disclosed to another person or agency shall bear the following statement: “The confidentiality of this record is required under chapter 899 of the Connecticut general statutes. This material sha…

Sec. 52-146j. Judicial relief. (a) Any person aggrieved by a violation of sections 52-146d to 52-146j, inclusive, may petition the superior court for the judicial district in which he resides, or, in the case of a nonresident of the state, the superior court for the judicial dist…

Sec. 52-146k. Privileged communications between victim and domestic violence counselor or sexual assault counselor. (a) As used in this section: (1) “Domestic violence agency” means any office, shelter, host home or agency offering assistance to victims of domestic violence throu…

Sec. 52-146l. Disclosure of privileged communication by interpreter prohibited. Any confidential communication which is deemed to be privileged under any provision of the general statutes or under the common law made by a person with the assistance of an interpreter shall not be …

Sec. 52-146m. Communication made by or to person who is deaf or hard of hearing with assistance of operator of special telecommunications equipment deemed privileged. Any communication made by or to a person who is deaf or hard of hearing with the assistance of a person operating…

Sec. 52-146n. Disclosure of confidential communications between Judicial Department employee and employee assistance program counselor prohibited. Information re participation in employee assistance program. (a) For purposes of this section: (1) “Employee assistance program couns…

Sec. 52-146o. Disclosure of patient communication or information by physician, surgeon or health care provider prohibited. (a) Except as provided in sections 52-146c to 52-146j, inclusive, sections 52-146p, 52-146q and 52-146s, and subsection (b) of this section, in any civil act…