Any claim of lack of jurisdiction over the subject matter cannot be waived; and whenever it is found after suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter, the judicial authority shall dismiss the action.
Section 10-33.—Waiver and Subject Matter Jurisdiction
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceUnlike other jurisdictional defects, a court’s lack of subject matter jurisdiction can never be waived, and the court must dismiss the action any time it discovers the defect, whether a party raises it or not.
Full Text of Section 10-33
Amendment History
(P.B. 1978-1997, Sec. 145.)
Plain-English Summary
This rule draws a firm line under the waiver rule in Section 10-32. A claim that the court lacks jurisdiction over the subject matter of the case cannot be waived by anyone, at any point in the litigation. If the judicial authority learns—whether a party points it out or the court notices it on its own—that it lacks subject matter jurisdiction, the rule requires dismissal of the action.
Frequently Asked Questions
Can a party waive an objection to subject matter jurisdiction in Connecticut?
No. Section 10-33 states that a claim of lack of subject matter jurisdiction cannot be waived, no matter when it is raised or by whom.
What happens if a court discovers it lacks subject matter jurisdiction?
The judicial authority must dismiss the action, whether the parties raised the issue or the court found it on its own.
How is this different from the waiver rule for personal jurisdiction?
Section 10-32 says claims of lack of personal jurisdiction, insufficiency of process, or insufficiency of service are waived if not raised in a timely motion to dismiss. Section 10-33 carves out subject matter jurisdiction, which is never subject to that waiver.
Does a party have to file a motion to dismiss to raise subject matter jurisdiction?
The text does not tie the subject matter jurisdiction issue to any filing deadline—it can surface through a party’s suggestion or on the court’s own initiative at any time.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 10-33). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: subject matter jurisdiction cannot be waived CTcourt lacks jurisdiction dismiss actiondifference between subject matter and personal jurisdiction waiverwhen can jurisdiction be raisedsua sponte dismissal subject matter jurisdiction