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Section 10-45.—Stricken Pleading Part of Another Cause or Defense

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

In one sentenceWhen a motion to strike removes an entire cause of action or defense, it only removes that cause of action or defense, not any other claim or defense that the same pleading language also supports.

Full Text of Section 10-45

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Whenever the judicial authority grants a motion to strike the whole or any portion of any pleading or count which purports to state an entire cause of action or defense, and such pleading or portion thereof states or constitutes a part of another cause of action or defense, the granting of that motion shall remove from the case only the cause of action or defense which was the subject of the granting of that motion, and it shall not remove such pleading or count or any portion thereof so far as the same is applicable to any other cause of action or defense.

Amendment History

(P.B. 1978-1997, Sec. 158.)

Plain-English Summary

This section addresses what happens when granting a motion to strike wipes out a whole pleading or count that was meant to state one complete cause of action or defense, but that same pleading or portion of it also states or forms part of a different cause of action or defense. In that situation, granting the motion removes only the cause of action or defense that was the actual subject of the motion.

The pleading or count, or any part of it, stays in the case to the extent it still applies to any other cause of action or defense.

Frequently Asked Questions

If my count is stricken, does the language disappear from the whole case?

No. Only the cause of action or defense that was the subject of the granted motion is removed; language that also supports a different cause of action or defense remains.

Does this apply to defenses as well as causes of action?

Yes, the section covers a pleading or count that purports to state an entire cause of action or defense.

How does this section relate to the motion-to-strike process generally?

It applies after a motion to strike has been granted under Section 10-39, clarifying the scope of what the granting order removes from the case.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 10-45). 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: motion to strike partial removal CTstricken pleading part of another claimscope of granted motion to strike Connecticutdoes striking one count strike another claim