Section 10-34.—Further Pleading by Defendant
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
Full Text of Section 10-34
Amendment History
(P.B. 1978-1997, Sec. 146.)
Plain-English Summary
This rule protects a defendant who loses a motion to dismiss on a jurisdictional ground. Denial of the motion does not force the defendant to choose between pleading to the merits and preserving the jurisdictional challenge. The defendant may plead further in the case while keeping the right to contest jurisdiction again.
Frequently Asked Questions
Does filing an answer after a denied motion to dismiss waive the jurisdictional objection?
No. Section 10-34 lets a defendant plead further after a denial without waiving the right to contest jurisdiction further.
What triggers this rule?
A judicial authority denying a motion to dismiss with respect to a jurisdictional issue.
Can the defendant raise the same jurisdictional issue again later?
The rule preserves the defendant’s right to contest jurisdiction further, even after having to plead to the case in the meantime.