No facts may be proved under either a general or special denial except such as show that the plaintiff’s statements of fact are untrue. Facts which are consistent with such statements but show, notwithstanding, that the plaintiff has no cause of action, must be specially alleged. Thus, accord and satisfaction, arbitration and award, duress, fraud, illegality not apparent on the face of the pleadings, infancy, that the defendant was non compos mentis, payment (even though nonpayment is alleged by the plaintiff), release, the statute of limitations and res judicata must be specially pleaded, while advantage may be taken, under a simple denial, of such matters as the statute of frauds, or title in a third person to what the plaintiff sues upon or alleges to be the plaintiff’s own.
Section 10-50.—Denials; Special Defenses
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceUnder a denial, a party can only prove facts showing the plaintiff's statement of fact is untrue; facts that are consistent with the plaintiff's claims but still defeat the right to recover -- like fraud, release, or the statute of limitations -- must be pleaded as special defenses.
Full Text of Section 10-50
Amendment History
(P.B. 1978-1997, Sec. 164.) (Amended June 23, 2017, to take effect Jan. 1, 2018.)
Plain-English Summary
This rule draws the line between what a defendant can prove under a plain denial and what must be raised as a special defense. A denial, general or specific, only lets a defendant offer facts showing the plaintiff’s factual statements are untrue — in other words, facts that contradict the complaint.
Facts that don’t contradict the complaint, but still defeat the plaintiff’s right to recover, need their own pleading. The rule lists examples: accord and satisfaction, arbitration and award, duress, fraud not apparent on the face of the pleadings, infancy, the defendant’s lack of mental capacity, payment, release, the statute of limitations, and res judicata. Each of these accepts the plaintiff’s version of events yet argues the plaintiff still can’t recover, so each must be specially alleged. By contrast, the statute of frauds and a claim that title belongs to a third party can be raised under a simple denial.
Frequently Asked Questions
What’s the difference between a denial and a special defense in Connecticut?
A denial disputes the truth of the plaintiff’s facts; a special defense accepts those facts but raises new ones showing the plaintiff still has no right to recover, and the rule requires the latter to be pleaded separately.
Does the statute of limitations need to be specially pleaded?
Yes. The rule lists the statute of limitations among the defenses — along with fraud, release, payment, and res judicata — that must be specially alleged rather than raised under a general denial.
Can a defendant raise the statute of frauds under a general denial?
Yes. The rule allows the statute of frauds, and a claim that title to the property belongs to a third person, to be raised under a simple denial without a special defense.
Why can’t a defendant just deny the complaint instead of pleading a special defense?
Because a denial only lets a defendant prove the plaintiff’s facts are untrue; if the defendant instead wants to show that even true facts don’t entitle the plaintiff to recover, the rule requires those additional facts to be specially pleaded.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 10-50). 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
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