Section 10-44.—Substitute Pleading; Judgment

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

In one sentenceAfter a motion to strike is granted, the losing party has fifteen days to file a new pleading, or the court may enter judgment against them on the stricken pleading.

Full Text of Section 10-44

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Within fifteen days after the granting of any motion to strike, the party whose pleading has been stricken may file a new pleading; provided that in those instances where an entire complaint, counterclaim or cross complaint, or any count in a complaint, counterclaim or cross complaint has been stricken, and the party whose pleading or a count thereof has been so stricken fails to file a new pleading within that fifteen day period, the judicial authority may, upon motion, enter judgment against said party on said stricken complaint, counterclaim or cross complaint, or count thereof. Any new pleading filed pursuant to this section shall be accompanied by a separate document which shows the differences between the previous pleading and the new pleading by using underlining to indicate new language and by using either brackets or strikethrough to indicate deleted language. Nothing in this section shall dispense with the requirements of Section 61-3 or 61-4 of the appellate rules.

End

Amendment History

(P.B. 1978-1997, Sec. 157.) (Amended June 30, 2003, to take effect Jan. 1, 2004; amended June 11, 2021, to take effect Jan. 1, 2022.)

Plain-English Summary

Once a judicial authority grants a motion to strike, the party whose pleading was stricken has fifteen days to file a new pleading. If an entire complaint, counterclaim, cross complaint, or count within one has been stricken and that party does not file a new pleading within the fifteen days, the judicial authority may, on motion, enter judgment against that party on the stricken complaint, counterclaim, cross complaint, or count.

Any new pleading filed under this section must come with a separate document showing how it differs from the earlier pleading, using underlining for new language and brackets or strikethrough for deleted language. The section also notes that it does not eliminate the requirements of the appellate rules on final judgments (Sections 61-3 and 61-4).

Frequently Asked Questions

How long do I have to replead after a motion to strike is granted?

Fifteen days from the granting of the motion to strike.

What happens if I miss the fifteen-day deadline?

Where an entire complaint, counterclaim, cross complaint, or count has been stricken and no new pleading is filed in time, the judicial authority may, upon motion, enter judgment against that party on the stricken pleading or count.

Does the new pleading need to show what changed?

Yes. A separate document must accompany the new pleading, marking new language with underlining and deleted language with brackets or strikethrough.

Does filing a new pleading affect my appeal rights?

The section states that nothing in it dispenses with the requirements of Sections 61-3 and 61-4 of the appellate rules.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 10-44). 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: what happens after motion to strike granted CTdeadline to replead after motion to strikejudgment on stricken complaint Connecticutsubstitute pleading after motion to strike