2018 Connecticut General Statutes
Title 52 - Civil Actions
Chapter 926* - Statute of Limitations
- Section 52-573 and 52-574 - Limitation on contracts under seal. Actions on agreements to sell real estate.
- Section 52-575 - Entry upon land to be made within fifteen years.
- Section 52-575a - Action to enforce recorded private restrictions or notations on maps.
- Section 52-576 - Actions for account or on simple or implied contracts.
- Section 52-577 - Action founded upon a tort.
- Section 52-577a - Limitation of action based on product liability claim.
- Section 52-577b - Limitation of action for damages caused by contact with or exposure to phenoxy herbicides.
- Section 52-577c - Limitation of action for damages caused by exposure to a hazardous chemical substance or mixture or hazardous pollutant.
- Section 52-577d - Limitation of action for damages to minor caused by sexual abuse, exploitation or assault.
- Section 52-577e - Limitation of action for damages caused by sexual assault.
- Section 52-577f to 52-577o - Reserved for future use.
- Section 52-577p - Transferred
- Section 52-578 - Limitation of action for damages caused by change of grade of highway.
- Section 52-579 - Limitation of suit on probate bond; exception.
- Section 52-580 - Settlement of partnership or joint accounts.
- Section 52-581 - Action on oral contract to be brought within three years.
- Section 52-582 - Petition for new trial.
- Section 52-583 - Limitation of action against sheriff, state marshal or constable for neglect or default.
- Section 52-584 - Limitation of action for injury to person or property caused by negligence, misconduct or malpractice.
- Section 52-584a - Limitation of action against architect, professional engineer or land surveyor.
- Section 52-584b - Limitation of actions against attorneys in connection with title certificates or opinions and title searches.
- Section 52-584c - (Note: This section is effective October 1, 2017.) Limitation of actions brought by the state or political subdivision of the state arising out of construction-related work.
- Section 52-585 - Suit for forfeiture on penal statute limited to one year.
- Section 52-586 - Scire facias against garnishee limited to one year.
- Section 52-587 - Suit on bond or recognizance for costs limited to one year.
- Section 52-588 - Suit on note obtained by fraud.
- Section 52-589 - Action of forcible entry and detainer limited to six months.
- Section 52-590 - When defendant's absence from state to be excluded.
- Section 52-591 - When new action may be brought after time limited.
- Section 52-592 - Accidental failure of suit; allowance of new action.
- Section 52-593 - Action against wrong defendant; allowance of new action.
- Section 52-593a - Action not lost where process served after expiration of limitation period.
- Section 52-594 - Limit for executor or administrator to bring personal action that survives.
- Section 52-595 - Fraudulent concealment of cause of action.
- Section 52-596 - Actions for payment of remuneration for employment.
- Section 52-597 - Action for libel or slander.
- Section 52-598 - Execution or action upon judgment for money damages. Motion to revive judgment.
- Section 52-598a - Limitation of action for indemnification.
*In general, statutes remove remedy, do not destroy obligation. 11 C. 164; 82 C. 334; 93 C. 418; 105 C. 32. Statutes of limitation are beneficial, to be favored. 32 C. 539. Reasonable limitation may be placed on cause of action that has already accrued. 77 C. 528. Removing bar of statute once fallen does not violate constitutional rights. 93 C. 412. Basis of statutes. 74 C. 656. How far equity will follow statutes. 32 C. 538; 72 C. 180; 79 C. 644; 81 C. 433; 102 C. 302; 131 C. 38. Statutes do not apply to tax; 85 C. 376; or assessment lien; 79 C. 38; or judgment. 74 C. 656. Presumption of payment of obligation, where no statute applies. 69 C. 210. General limitation held to apply to power given by special act. 72 C. 687. If liability of principal is barred, so is that of surety. 71 C. 733, but see 105 C. 32. Term “action” covers every mode of presenting a claim. 32 C. 539. Though debt is barred, mortgage may be foreclosed; 11 C. 166; 75 C. 429; 76 C. 146; 81 C. 442; 119 C. 358, 359; so, assessment. 79 C. 40. Statutes assume cause and right of action, and do not apply till they occur; breach of agreement to pay for services rendered decedent by provision in will. 82 C. 647; 83 C. 34; 96 C. 385. When right of action accrues in general; 28 C. 68; 35 C. 164; 66 C. 64; 68 C. 457; ordinarily when cause of action is complete; 68 C. 459; 86 C. 494; may be question for jury. 71 C. 24. Effect of debtor's concealing cause of action. 66 C. 58; 89 C. 485. Does not ordinarily apply until there is someone who can sue; 15 C. 148; 33 C. 77; 34 C. 59; as where claim accrues after death of creditor and there is delay in appointing administrator. 81 C. 169. Death and other causes suspending statutes. 74 C. 732; 75 C. 408. When action against indemnity company on bond covering performance of continuing contract accrues. 91 C. 197. When action accrues to city, held in damages for street defect, to recover of party primarily responsible. 92 C. 664. Limitation does not begin to run until there is someone to sue; misappropriation of trust funds. 93 C. 558; 104 C. 189. Right of action on bond to secure building contract accrues when contractor abandons work. 94 C. 240. When ordinary statutes apply to presentation of claim against estate of deceased person. 75 C. 406. Right to bring scire facias against administrator does not begin to run until one is appointed. 88 C. 100. Statutes do not apply to express trustees; but directors of savings bank are not; 89 C. 451; when they apply in favor of administrator or distributee; 90 C. 562; do not apply to open, continuing and acknowledged trust. 96 C. 326; 104 C. 189. Effect of statute as to survival of actions is to give personal representatives 1 year after limitation would otherwise expire in which to prosecute. 90 C. 611. Ordinarily, statutes to be specially pleaded but if complaint seeks to anticipate them, demurrer lies. 95 C. 589. Where two causes of action arise out of same transaction, each is governed by applicable statute of limitations. 103 C. 716. Do not run while trust or fiduciary relationship continues. 102 C. 302; 104 C. 189. Statute runs against nonresident when he acquires usual place of abode here; against former resident when he returns; one may have two or more places of abode in two or more states; domicile is immaterial; periods of time when statute has run may be added together to aggregate full statutory period. 105 C. 564. Does not apply to claims against estates of deceased persons; laches only defense. 106 C. 602. In malpractice action, statute runs from act if injury was then complete, from termination of treatment if injury arises from a course of treatment. 127 C. 385. Action is regarded as brought as of date of service upon defendant. 128 C. 109. Date of commencement of action set up in counterclaim; statutes of limitation of forum apply unless foreign limitation statute is condition of right of action under foreign law. 131 C. 670; Id., 674.
Acknowledgment or new promise. An acknowledgment of a debt as just and subsisting is sufficient; 3 C. 133; 9 C. 501; 29 C. 460; aliter if accompanied by refusal to pay. 29 C. 461. An acknowledgment by one of several joint makers of note removes the bar as to all. 4 C. 338, but see 125 C. 202. Promise must refer to the particular debt. 29 C. 66. Whether promise applies to whole or part of claim is question of fact. 35 C. 389. As to effect of acknowledgment or new promise made on Sunday, quaere. 36 C. 276. An express promise to pay debt is not essential to remove the bar. 41 C. 564. Revival by general acknowledgment; implied from silence or acquiescence. 108 C. 271. No implied promise if acknowledgment is accompanied by expressions indicating debtor did not intend to pay. 128 C. 400. Promise to pay “as soon as possible” held sufficient acknowledgment. 48 C. 142; 104 C. 315; 120 C. 228; 132 C. 399. A written acknowledgment under seal will not extend the term for 17 rather than for 6 years. 54 C. 527. Promise to pay in installments takes case out of statute. 52 C. 451. Acknowledgment must be unequivocal, to be determined in light of surrounding circumstances. 73 C. 346; 84 C. 141. Conditional acknowledgment or promise effective if condition fulfilled. 104 C. 315. Reference to mortgage as subsisting. 68 C. 298; 76 C. 227. Giving security or note for interest. 88 C. 536. Letter of administrator as such will not remove bar; 84 C. 54; charging debt in account; Id., 137; written acknowledgment in case of claim against estate of deceased person; sufficiency of writing; reference to other writings; secondary evidence; 80 C. 414; signature by rubber stamp; 73 C. 341; power of executor to waive bar as to such claim. 68 C. 298. Acknowledgment or new promise by joint obligor is insufficient to toll statute as against other joint obligors. 125 C. 202.
Part payment. Payment of interest removes bar. 19 C. 596. Payment of part of debt, with refusal to pay more, does not remove bar. 49 C. 482; 109 C. 515. Payment of interest by purchaser of equity does not prevent running in favor of mortgagor. 52 C. 435. Actual payment will not be inferred from mere endorsement of part payment by holder after note is barred. 52 C. 188. What payment will remove bar. 77 C. 11; 109 C. 514; 125 C. 200. In case of mutual accounts, statute runs from last payment. 70 C. 434. Running account. 109 C. 514. Payment on principal or of interest by maker of note does not toll statute against guarantor or endorser. 116 C. 563; 121 C. 420. Payment on account by joint obligor is insufficient to toll statute as against other joint obligors. 125 C. 202.
Pleading and practice. Statutes as basis of demurrer; 69 C. 210; 72 C. 687; 77 C. 100; such demurrer cannot be based on allegation as to date of personal injury; 81 C. 284; 83 C. 503; as basis of nonsuit or direction of verdict. 64 C. 430; 71 C. 24. Complaint need not anticipate. 81 C. 287. When can be claimed, though not pleaded. 88 C. 536. New promise should be pleaded in reply to answer setting up statute. 84 C. 137. Defense of statute of limitations is not proper matter for a plea to jurisdiction. 114 C. 732.
Cited. 44 CS 207.