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Section 10-34.—Further Pleading by Defendant

Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026

In one sentenceWhen a judge denies a motion to dismiss on a jurisdictional issue, the defendant may still file further pleadings in the case without giving up the right to keep contesting jurisdiction later.

Full Text of Section 10-34

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If any motion to dismiss is denied with respect to any jurisdictional issue, the defendant may plead further without waiving the right to contest jurisdiction further.

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.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 10-34). 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: plead further after motion to dismiss denied CTpreserve jurisdictional objectiondoes answering waive motion to dismissdefendant rights after denied motion to dismiss