(a) A motion to strike shall be used whenever any party wishes to contest: (1) the legal sufficiency of the allegations of any complaint, counterclaim or cross claim, or of any one or more counts thereof, to state a claim upon which relief can be granted; or (2) the legal sufficiency of any prayer for relief in any such complaint, counterclaim or cross complaint; or (3) the legal sufficiency of any such complaint, counterclaim or cross complaint, or any count thereof, because of the absence of any necessary party or, pursuant to Section 17-56 (b), the failure to join or give notice to any interested person; or (4) the joining of two or more causes of action which cannot properly be united in one complaint, whether the same be stated in one or more counts; or (5) the legal sufficiency of any answer to any complaint, counterclaim or cross complaint, or any part of that answer including any special defense contained therein.
Section 10-39.Motion To Strike; Grounds
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceA motion to strike is the vehicle for contesting the legal sufficiency of a complaint, counterclaim, cross claim, prayer for relief, or answer, and it must state each ground separately and be backed by a memorandum of law.
Full Text of Section 10-39
(b) Each claim of legal insufficiency enumerated in this section shall be separately set forth and shall specify the reason or reasons for such claimed insufficiency.
(c) Each motion to strike must be accompanied by a memorandum of law citing the legal authorities upon which the motion relies.
(d) A motion to strike on the ground of the nonjoinder of a necessary party or noncompliance with Section 17-56 (b) must give the name and residence of the missing party or interested person or such information as the moving party has as to the identity and residence of the missing party or interested person and must state the missing party’s or interested person’s interest in the cause of action.
Amendment History
(P.B. 1978-1997, Sec. 152.) (Amended June 28, 1999, to take effect Jan. 1, 2000; amended June 14, 2013, to take effect Jan. 1, 2014; amended June 13, 2014, to take effect Jan. 1, 2015.)
Plain-English Summary
This rule lists the grounds available on a motion to strike. A party may use the motion to challenge: the legal sufficiency of the allegations of a complaint, counterclaim, or cross claim (or any count of one) to state a claim for relief; the legal sufficiency of a prayer for relief; the legal sufficiency of a pleading because a necessary party is missing or, under Section 17-56 (b), was not joined or notified; the improper joining of two or more causes of action that cannot be united in one complaint; or the legal sufficiency of an answer, including any special defense within it.
Each claim of legal insufficiency must be set forth separately with the reasons for it, and every motion to strike must come with a memorandum of law citing the legal authorities it relies on. A motion based on the absence of a necessary or interested party must also give that party’s name and residence, or whatever identifying information the moving party has, along with a statement of that party’s interest in the cause of action.
Frequently Asked Questions
What can a motion to strike challenge in Connecticut?
It can challenge the legal sufficiency of a complaint, counterclaim, or cross claim, a prayer for relief, a pleading missing a necessary party, an improper joinder of causes of action, or an answer including its special defenses.
Does a motion to strike need supporting legal argument?
Yes. Every motion to strike must be accompanied by a memorandum of law citing the legal authorities the motion relies on.
What must a motion to strike based on a missing party include?
It must give the missing party’s or interested person’s name and residence, or the information the moving party has about their identity and residence, and describe their interest in the cause of action.
Can one motion to strike raise multiple grounds?
Yes, but each claim of legal insufficiency must be separately set forth with its own reasons.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 10-39). 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: grounds for motion to strike CT complaintlegal sufficiency motion to strikemotion to strike missing necessary partymemorandum of law motion to strikeimproper joinder of causes of action