2018 Connecticut General Statutes
Title 52 - Civil Actions
Chapter 898 - Pleading
Section 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 costs, within the first thirty days after the return day and at any time afterwards on the payment of costs at the discretion of the court; but, after any such amendment, the defendant shall have a reasonable time to answer the same.

(1949 Rev., S. 7850; 1967, P.A. 742, S. 3.)

History: 1967 act deleted provision that amendment and insertion of new counts be within first 30 days of court to which action is returnable, substituting it be within first 30 days after return day.

Statutes allowing amendments to be liberally construed; 32 C. 108; 39 C. 535; 75 C. 541; apply in U.S. courts. 101 U.S. 263. History and extent of right in general. 73 C. 10; Id., 585. Oral waiver of damages is not an amendment. 69 C. 440. Ordinarily, allowance rests in court's discretion. 10 C. 472; 11 C. 386; 13 C. 471; 39 C. 535; 68 C. 375; 74 C. 62; Id., 126; 75 C. 45; Id., 308; 76 C. 680; 83 C. 417; Id., 477; 85 C. 271. Refusal to allow amendments as insufficient in law; 72 C. 167; 76 C. 329; 77 C. 15; 78 C. 310; 79 C. 401, 405; Id., 458; 86 C. 327; 91 C. 23; if it would lay the basis for no evidence not otherwise admissible, its refusal would be harmless; 82 C. 479; but it is error to refuse an amendment whereby plaintiff is prevented from presenting his real case. 86 C. 561. Amendment not adding any material allegation properly refused; 91 C. 84; so one not altering real effect of pleading. 93 C. 65. Amendment cannot set up new cause of action; 60 C. 398; thus common counts cannot be replaced by cause of action not generally alleged in them. 86 C. 308. If one count of amendment is proper, others may be added. 72 C. 172; 73 C. 17; Id., 585. Amendments considered with relation to identity of cause of action. 18 C. 387; 21 C. 180; 24 C. 39; 26 C. 201; 30 C. 309; 32 C. 376; 33 C. 337; 39 C. 356; Id., 534; 63 C. 369; 66 C. 500; 71 C. 623; 81 C. 702. Question is, is real object the same. 81 C. 433. Distinction between defective statement of cause of action, and statement of defective cause of action. 87 C. 634. Amendment not possible, if there is no original pleading, as where writ is served without complaint. 97 C. 399. At law, matters subsequent to the bringing of the action cannot be brought in. 71 C. 418; 73 C. 385. As to equitable action. 76 C. 292. When amendment to avoid variance allowable. 63 C. 166. Tribunal lacking jurisdiction cannot allow amendment setting it up. 85 C. 517; Id., 530. Amendment destroying jurisdiction after defendant's appearance. 75 C. 621. Amending prayer for relief. 72 C. 201. Appeal from disallowance of claim against insolvent estate. 72 C. 167; 73 C. 582; 81 C. 433. Condemnation proceedings. 69 C. 469. Petition for new trial. 83 C. 477; 91 C. 23. Is allowable at any time before final judgment. 69 C. 554; 83 C. 417. Is of right within 30 days of return day; 75 C. 544; after demurrer sustained is of right; 92 C. 277; thereafter is in court's discretion. 70 C. 700; 81 C. 474. After demurrer sustained. 75 C. 308; 91 C. 25. After plea in abatement. K. 5; 2 R. 525. After report of committee. 25 C. 528. On trial. 2 R. 406; 3 D. 315; 64 C. 556; 69 C. 264; Id., 404; 74 C. 62; 76 C. 680; 82 C. 343; Id., 479; 83 C. 311; Id., 417; Id., 634; Id., 671; 85 C. 90; 91 C. 453. On trial where cross-examination of defendant shows falsity of account he had rendered and plaintiff had accepted. 94 C. 313. Amendment is of right during trial to accord to proof, but requires opportunity to defendant to amend answer. 96 C. 394. Amendment after default judgment; 86 C. 308; after hearing in damages; 69 C. 554; after argument of case; 90 C. 283; after judgment of accounting; 76 C. 292; after motion in arrest; K. 344; 13 C. 471; 31 C. 447; 39 C. 357; on new trial; 51 C. 398; 74 C. 689; 75 C. 42; 77 C. 677; 86 C. 55; after Supreme Court has given its advice on a reservation; 27 C. 470; 60 C. 85; where it grants new trial nisi; 89 C. 255; after stay of action under bankruptcy law; 74 C. 616; after repeated amendments over long space of time; 81 C. 451; after several demurrers have been sustained. 66 C. 284. Refusal 2 weeks after final argument is in discretion of court. 90 C. 281. When too late to bring new action. 4 D. 42; 10 C. 473. Effect of amendment as relating back to beginning of action. 5 C. 590; 22 C. 232; 32 C. 207; 69 C. 554; 105 C. 642; 109 C. 524. Right of defendant to alter plea. 52 C. 4; 45 C. 299; 61 C. 577; 69 C. 555. Discretion of court as to costs; 43 C. 201; cannot be recovered back on final judgment. 50 C. 521. On filing substitute, when original pleading drops out of case. 67 C. 377; 71 C. 424; 74 C. 128. Amendment waives right to review rulings on original. 75 C. 643; 79 C. 79; 80 C. 348; Id., 549; 81 C. 415; Id., 474; 90 C. 261; 93 C. 479. Consent to filing not waiver of defects. 72 C. 257. Immaterial amendment no excuse for refiling defense once held insufficient. 92 C. 342. Application of section to filing of substitute complaint in place of common counts. 93 C. 357. In action for recovery of money obtained by undue influence, another count asking recovery for money loaned may be allowed by way of amendment. 98 C. 206. Amendment may be allowed after appeal from judgment of city court to court of common pleas for judicial district of Waterbury. 104 C. 298. Allowance of amendment to pleading, already sufficient before amendment, is no abuse of discretion if it does not surprise other party. 109 C. 303. Relates back to beginning of action and so may cure errors in admission of evidence under pleadings as they stood before amendment. Id., 524. As special count alleging goods sold and delivered to defendant's wife could have been joined with common counts, joining it later by amendment was allowable. 112 C. 64. Permissible to amend complaint to make pleadings conform to proof, where cause of action for negligence not changed. 120 C. 599. Not abuse of discretion to disallow amendment offered after arguments, when case tried on theory opposed to that of amendment. 124 C. 10. Nor to allow during trial a far-reaching amendment as to damages where defendant given choice of mistrial or continuance. 131 C. 232. Fact that court could have permitted amendment to cure defect does not deprive adverse party of right to take advantage of defect by plea in abatement. 131 C. 658. Cited. 133 C. 73. Court may in its discretion allow the filing of amendments to pleadings before, during and after trial. 135 C. 170. Filing of supplemental complaint after demurrer sustained held to waive any claim of error by court in sustaining demurrer; amended complaint may or may not have the effect of stating a new cause of action. 145 C. 579. Cited. 147 C. 153; 173 C. 408; 187 C. 180; 191 C. 201. In conjunction with Sec. 52-130, court held intent of legislature for this statute to apply only when trial has not commenced at time amendment is offered. 192 C. 553. Cited. 205 C. 413.

Cited. 5 CA 101. Cited. 19 CA 203; 23 CA 188. Because plaintiff may amend “any defect, mistake or informality” of a pleading within 30 days of return date, an amendable summons or complaint should not be rejected by Superior Court clerk. 53 CA 725. Section is a curative provision allowing party to amend defective writ or complaint, permits award of costs in limited instances and makes no reference to sanctions; “costs” defined. 85 CA 66.

Cited. 6 CS 181; Id., 381. Plaintiff entitled to amend by substituting a new defendant, where defendant originally named was an individual having the same name as the corporate defendant substituted, and such individual defendant was an executive officer and principal stockholder of defendant corporation. 9 CS 307. Where the defect is that the sheriff of one county is named in the writ but it was served to the sheriff of another county, defendant cannot attack this collaterally if he was in fact served. 14 CS 375. Where case is on appeal in Superior Court, motion to amend complaint in Probate Court is superfluous. 24 CS 494. Cited. 38 CS 712.

Fact that ad damnum would be increased by amendment sought by plaintiff, necessitating transfer to another court, no reason to deny motion to amend. 4 Conn. Cir. Ct. 347.