Sec. 52-72. Amendment of process. - Connecticut Statutes

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Statutes > Connecticut > Title52 > Chap896 > Sec52-72

      Sec. 52-72. Amendment of process. (a) Any court shall allow a proper amendment to civil process which has been made returnable to the wrong return day or is for any other reason defective, upon payment of costs taxable upon sustaining a plea in abatement.

      (b) Such amended process shall be served in the same manner as other civil process and shall have the same effect, from the date of the service, as if originally proper in form.

      (c) If the court, on motion and after hearing, finds that the parties had notice of the pendency of the action and their rights have not been prejudiced or affected by reason of the defect, any attachment made by the original service and the rights under any lis pendens shall be preserved and continued from the date of service of the original process as though the original process had been in proper form. A certified copy of the finding shall be attached to and served with the amended process.

      (1949 Rev., S. 7793; P.A. 82-160, S. 26.)

      History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.

      See Sec. 52-130 re amendments of defects, mistakes or informalities in pleadings or record of proceedings.

      Fact process may be amended to cure defect is not ground for refusal to sustain plea in abatement. 131 C. 658. Cited. 178 C. 472. Cited. 227 C. 913. Cited. 228 C. 914. Section is mandatory; judgment of appellate court in Concept Associates, Ltd. v. Board of Tax Review, 31 CA 793, reversed. 229 C. 618. Cited. 232 C. 392. Cited. 236 C. 681. Provision should be liberally construed in favor of those whom legislature intended to benefit; provision allows amendment to correct a late return of process. 243 C. 657.

      Cited. 18 CA 488. Cited. 23 CA 188. Cited. 31 CA 793; judgment reversed, see 229 C. 618. Cited. 33 CA 6; judgment reversed, see 228 C. 914. Intent is to prevent loss of jurisdiction merely because of defect of return date. 50 CA 456. Although Sec. 52-48 sets forth two-month time limitation for return of process, the legislature, by enacting this section, clearly provided parties an avenue to correct a procedural error concerning such process. 61 CA 305.

      Cited. 18 CS 482. Cited. 29 CS 289. Cited. 40 CS 243. Cited. 44 CS 39.

State Codes and Statutes

Statutes > Connecticut > Title52 > Chap896 > Sec52-72

      Sec. 52-72. Amendment of process. (a) Any court shall allow a proper amendment to civil process which has been made returnable to the wrong return day or is for any other reason defective, upon payment of costs taxable upon sustaining a plea in abatement.

      (b) Such amended process shall be served in the same manner as other civil process and shall have the same effect, from the date of the service, as if originally proper in form.

      (c) If the court, on motion and after hearing, finds that the parties had notice of the pendency of the action and their rights have not been prejudiced or affected by reason of the defect, any attachment made by the original service and the rights under any lis pendens shall be preserved and continued from the date of service of the original process as though the original process had been in proper form. A certified copy of the finding shall be attached to and served with the amended process.

      (1949 Rev., S. 7793; P.A. 82-160, S. 26.)

      History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.

      See Sec. 52-130 re amendments of defects, mistakes or informalities in pleadings or record of proceedings.

      Fact process may be amended to cure defect is not ground for refusal to sustain plea in abatement. 131 C. 658. Cited. 178 C. 472. Cited. 227 C. 913. Cited. 228 C. 914. Section is mandatory; judgment of appellate court in Concept Associates, Ltd. v. Board of Tax Review, 31 CA 793, reversed. 229 C. 618. Cited. 232 C. 392. Cited. 236 C. 681. Provision should be liberally construed in favor of those whom legislature intended to benefit; provision allows amendment to correct a late return of process. 243 C. 657.

      Cited. 18 CA 488. Cited. 23 CA 188. Cited. 31 CA 793; judgment reversed, see 229 C. 618. Cited. 33 CA 6; judgment reversed, see 228 C. 914. Intent is to prevent loss of jurisdiction merely because of defect of return date. 50 CA 456. Although Sec. 52-48 sets forth two-month time limitation for return of process, the legislature, by enacting this section, clearly provided parties an avenue to correct a procedural error concerning such process. 61 CA 305.

      Cited. 18 CS 482. Cited. 29 CS 289. Cited. 40 CS 243. Cited. 44 CS 39.

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State Codes and Statutes

Statutes > Connecticut > Title52 > Chap896 > Sec52-72

      Sec. 52-72. Amendment of process. (a) Any court shall allow a proper amendment to civil process which has been made returnable to the wrong return day or is for any other reason defective, upon payment of costs taxable upon sustaining a plea in abatement.

      (b) Such amended process shall be served in the same manner as other civil process and shall have the same effect, from the date of the service, as if originally proper in form.

      (c) If the court, on motion and after hearing, finds that the parties had notice of the pendency of the action and their rights have not been prejudiced or affected by reason of the defect, any attachment made by the original service and the rights under any lis pendens shall be preserved and continued from the date of service of the original process as though the original process had been in proper form. A certified copy of the finding shall be attached to and served with the amended process.

      (1949 Rev., S. 7793; P.A. 82-160, S. 26.)

      History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.

      See Sec. 52-130 re amendments of defects, mistakes or informalities in pleadings or record of proceedings.

      Fact process may be amended to cure defect is not ground for refusal to sustain plea in abatement. 131 C. 658. Cited. 178 C. 472. Cited. 227 C. 913. Cited. 228 C. 914. Section is mandatory; judgment of appellate court in Concept Associates, Ltd. v. Board of Tax Review, 31 CA 793, reversed. 229 C. 618. Cited. 232 C. 392. Cited. 236 C. 681. Provision should be liberally construed in favor of those whom legislature intended to benefit; provision allows amendment to correct a late return of process. 243 C. 657.

      Cited. 18 CA 488. Cited. 23 CA 188. Cited. 31 CA 793; judgment reversed, see 229 C. 618. Cited. 33 CA 6; judgment reversed, see 228 C. 914. Intent is to prevent loss of jurisdiction merely because of defect of return date. 50 CA 456. Although Sec. 52-48 sets forth two-month time limitation for return of process, the legislature, by enacting this section, clearly provided parties an avenue to correct a procedural error concerning such process. 61 CA 305.

      Cited. 18 CS 482. Cited. 29 CS 289. Cited. 40 CS 243. Cited. 44 CS 39.