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 that he can plead a different plea that will save him in his cause, he may change his plea, answer, replication or rejoinder, as the case may be, and plead anew, and the other party shall have reasonable time to answer the same; and, in any case when a party amends or alters any part of the pleadings or pleads anew, if it occasions any delay in the trial or inconvenience to the other party, he shall be liable to pay costs at the discretion of the court. Any court may restrain the amendment or alteration of pleadings, so far as may be necessary to compel the parties to join issue in a reasonable time for trial.
(1949 Rev., S. 7852.)
See Sec. 52-72 re amendment of process.
Amending records after term. 4 C. 77; 15 C. 37; 21 C. 530; 25 C. 342. A void process is not amendable. 5 D. 126. Errors in describing parties. 2 R. 57; 3 C. 159; 13 C. 53; 19 C. 62; 24 C. 13. Date of issuance of process. 41 C. 483. Writ returnable to term already past not amendable. Id., 539, but see 70 C. 348. Amending officer's return. 65 C. 193. Officer's return may not be amended after judgment so as to confer jurisdiction. 85 C. 327. Return day in writ may not be changed after issuance; 74 C. 38; but Supreme Court allowed an appeal to be amended by substituting one year for another. Id., 438. Judgment may be amended during term as to error in substance; at any time as to clerical error. 73 C. 497; 76 C. 113; 81 C. 283; Id., 562. Amending memorandum which directs judgment. 74 C. 18. Remittitur and amendment of judgment where damages are excessive. 75 C. 263. Discretion of court to allow amendment when action has been in court 2 years, and complaint repeatedly amended. 81 C. 452. Motion to dismiss amendment improperly allowed, proper. 86 C. 313. Right to amend to be restrained within reasonable limits; filing cross complaint after reservation. 66 C. 284; 68 C. 369. Amendment to appeal is to be made in Appellate Court; 72 C. 86; on return day. 74 C. 438. Amending plea in abatement. 68 C. 474; 73 C. 428; 74 C. 125. Court may correct its records. 76 C. 113; 81 C. 127; 91 C. 383. Amending memorandum of judgment. 74 C. 23. Gives right to amend to accord with proof on trial, subject to right of defendant to amend answer; but court may refuse to allow demurrer where it would not promote speedy issue. 96 C. 395. When amendment offered during trial to remedy mispleading, circumstances of particular case must govern. 115 C. 683. Court may in its discretion allow the filing of amendments to pleadings before, during and after trial. 135 C. 170. Harm done defendant by denial of motion far outweighed inconvenience to plaintiff or delay resulting from granting of it and was abuse of court's discretion. 139 C. 68. Amendment offered during trial which would radically change basis of plaintiff's cause of action properly refused. Id., 152. Court may in its discretion restrain the amendment of pleadings to prevent unreasonable delay of the trial. 140 C. 689. The courts have followed a liberal policy relative to permitting amendments to pleadings after the expiration of the time during which amendments may be filed as a matter of right. 144 C. 126. Failure to amend complaint at pretrial or within a reasonable time thereafter may constitute sound reason to deny motion. Id., 582. Denial of amendment to conform allegations to proof. Id., 594. Defendant not permitted to amend its answer during trial by adding third defense as this would have injected new issue requiring evidence different in character from that already presented. 155 C. 145. Cited. 177 C. 191; 187 C. 180; 192 C. 558; 215 C. 286; 221 C. 14; Id., 356.
Cited. 19 CA 280.
Power of court to restrain the amendment or alteration of pleading is to be sparingly exercised. 17 CS 47. Cited. 27 CS 63. Legislature has prescribed liberal policy toward the allowance of amendments to pleadings. 36 CS 126.
Structure Connecticut General Statutes
Section 52-91. - Pleadings; contents of complaint.
Section 52-91a. (Formerly Sec. 52-38). - Foreclosure. Redemption. Matter in demand.
Section 52-92. - Demurrers to be specific.
Section 52-97. - Union of legal and equitable causes of action; limitation.
Section 52-98. - Pleadings to allege the material facts in concise form.
Section 52-99. - Untrue allegations or denials; costs.
Section 52-100. - Motions to expunge or correct pleadings.
Section 52-101. - Joinder of interested persons as plaintiffs.
Section 52-102. - Joinder of persons with interest adverse to plaintiff and of necessary persons.
Section 52-102b. - Addition of person as defendant for apportionment of liability purposes.
Section 52-103. - Citation of new parties by judge.
Section 52-104. - Joinder of plaintiffs and consolidation of causes.
Section 52-105. - Numerous parties may be represented by one.
Section 52-106. - Executor, administrator or trustee of express trust may sue or be sued alone.
Section 52-107. - Additional parties may be summoned in.
Section 52-108. - Nonjoinder and misjoinder of parties.
Section 52-109. - Substituted plaintiff.
Section 52-110. - Summoning in of third parties by defendant who counterclaims.
Section 52-111. - Effect of change of parties.
Section 52-112. - Insertion of names of partners in process in action by or against a partnership.
Section 52-113. - Common counts; bill of particulars.
Section 52-114. - Pleading of contributory negligence.
Section 52-115. - Pleading charters.
Section 52-117. - Action on probate bond.
Section 52-118. - Action by assignee of chose in action.
Section 52-119. - Pleading to be according to rules and orders of court.
Section 52-120. - Pleading filed by consent after expiration of time.
Section 52-122. - Procedure in certain actions not changed.
Section 52-123. - Circumstantial defects not to abate pleadings.
Section 52-126. - Action not abated on account of marriage.
Section 52-127. - Process not to be drawn or filled out by officer.
Section 52-128. - Amendment of pleadings by plaintiff; costs.
Section 52-129. - Amendment of pleadings in appeals from justices.
Section 52-130. - Amendment of defects, mistakes or informalities.
Section 52-131. - Amendment of claim against estate of insolvent debtor or deceased person.
Section 52-135. - Amendment of pleadings after default or demurrer overruled; costs.
Section 52-136. - Amendment from contract to tort and vice versa.
Section 52-137. - Amendment changing the relief sought.
Section 52-138. - Amendment calling for legal relief; jury trial.
Section 52-139. - Set-off of mutual debts; procedure.
Section 52-140. - Set-off by defendant in suit by assignee.