Title 52, Title 52: Civil Actions

Sec. 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, fro…

Sec. 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.) Histo…

Sec. 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…

Sec. 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 …

Sec. 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,…

Sec. 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 bro…

Sec. 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,…

Sec. 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 survivi…

Sec. 52-79. Joinder of husband and wife; costs. Section 52-79 is repealed, effective October 1, 2002. (1949 Rev., S. 7800; S.A. 02-12, S. 1.)

Sec. 52-80. Nonsuits and withdrawals; costs. If the plaintiff, in any action returned to court and entered in the docket, does not, on or before the opening of the court on the second day thereof, appear by himself or attorney to prosecute such action, he shall be nonsuited, in w…

Sec. 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, b…

Sec. 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 o…

Sec. 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 b…

Sec. 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. …

Sec. 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 ret…

Sec. 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,…

Sec. 52-87. Continuance on account of absent or nonresident defendant. Exceptions. (a) Every civil action in which the defendant is an inhabitant of this state but is absent from the state at the commencement of the action and continues to be absent until after the return day, wi…

Sec. 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 app…

Sec. 52-100. Motions to expunge or correct pleadings. Section 52-100 is repealed. (1949 Rev., S. 7822; P.A. 78-379, S. 26, 27.)

Sec. 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 …

Sec. 52-102. Joinder of persons with interest adverse to plaintiff and of necessary persons. Upon motion made by any party or nonparty to a civil action, the person named in the party's motion or the nonparty so moving, as the case may be, (1) may be made a party by the court if …

Sec. 52-102a. Impleading of third party by defendant. Rights and remedies of third-party defendant. (a) A defendant in any civil action may move the court for permission as a third-party plaintiff to serve a writ, summons and complaint upon a person not a party to the action who …

Sec. 52-102b. Addition of person as defendant for apportionment of liability purposes. (a) A defendant in any civil action to which section 52-572h applies may serve a writ, summons and complaint upon a person not a party to the action who is or may be liable pursuant to said sec…

Sec. 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 h…

Sec. 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, i…

Sec. 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 …

Sec. 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; …

Sec. 52-107. Additional parties may be summoned in. The court may determine the controversy as between the parties before it, if it can do so without prejudice to the rights of others; but, if a complete determination cannot be had without the presence of other parties, the court…

Sec. 52-108. Nonjoinder and misjoinder of parties. An action shall not be defeated by the nonjoinder or misjoinder of parties. New parties may be added and summoned in, and parties misjoined may be dropped, by order of the court, at any stage of the action, as the court deems the…

Sec. 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 …

Sec. 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. (19…

Sec. 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 h…

Sec. 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 p…

Sec. 52-113. Common counts; bill of particulars. Section 52-113 is repealed. (1949 Rev., S. 7835; P.A. 78-379, S. 26, 27.)

Sec. 52-114. Pleading of contributory negligence. In any action to recover damages for negligently causing the death of a person, or for negligently causing personal injury or property damage, it shall be presumed that such person whose death was caused or who was injured or who …

Sec. 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.)

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…