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in the clerk's office a written notice of the withdrawal, signed by himself or his attorney, specifying the action withdrawn and the time of withdrawal. The clerk shall enter the action on the docket of the court, at or before its next return day, with a note of the withdrawal and of its date.
(1949 Rev., S. 7803; 1967, P.A. 656, S. 37; P.A. 76-436, S. 402, 681; P.A. 82-160, S. 31.)
History: 1967 act substituted “when the court is not sitting” for reference to court's being “in vacation”; P.A. 76-436 removed actions returnable to court of common pleas from purview of section, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 rephrased the section.
A suit before a justice of the peace cannot be withdrawn before it is returned. 29 C. 519. Cited. 123 C. 168.
Structure Connecticut General Statutes
Chapter 897 - Parties and Appearances
Section 52-73. - Municipal corporations may sue and be sued.
Section 52-73a. (Formerly Sec. 52-116). - Action on bond to municipal officer.
Section 52-74. - Action on foreign probate bond.
Section 52-75. - Action by holder of mortgage or lien where grantee assumed the debt.
Section 52-76. - Actions by and against voluntary associations.
Section 52-77. - Action by joint tenant or tenant in common; effect of nonjoinder.
Section 52-78. - Joinder of executor or administrator for a deceased joint contractor.
Section 52-79. - Joinder of husband and wife; costs.
Section 52-80. - Nonsuits and withdrawals; costs.
Section 52-81. - Costs taxable on withdrawal.
Section 52-82. - Withdrawal when court not in session or before return day.
Section 52-83. - Nonresident plaintiff's appearance by attorney sufficient.
Section 52-84. - When judgment by default may be rendered.
Section 52-85. - When garnishee may move to assign case for trial.
Section 52-86. - When creditor may appear and defend. Costs. Prohibited defenses.
Section 52-87. - Continuance on account of absent or nonresident defendant. Exceptions.
Section 52-88. - Defense by garnishee. Continuance, postponement or adjournment of action.