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
Full Text of Section 10-45
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.