No special defense shall contain a denial of any allegation of the complaint or counterclaim unless that denial is material to such defense. An admission of any allegation of the complaint or counterclaim in a special defense will be deemed to incorporate such allegation in the defense.
Section 10-52.—Admissions and Denials in Special Defense
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceA special defense can't deny an allegation of the complaint or counterclaim unless the denial matters to that defense, and admitting an allegation inside a special defense folds that allegation into the defense itself.
Full Text of Section 10-52
Amendment History
(P.B. 1978-1997, Sec. 166.)
Plain-English Summary
This rule keeps special defenses focused on new matter rather than repeating denials that belong elsewhere. A special defense may not contain a denial of any allegation of the complaint or counterclaim unless that denial is material to the defense being raised.
The rule also addresses admissions made inside a special defense: if a special defense admits an allegation of the complaint or counterclaim, that admission is treated as incorporating the allegation into the defense itself.
Frequently Asked Questions
Can a special defense deny facts from the complaint?
Only if the denial is material to that specific defense; the rule otherwise bars denials of complaint or counterclaim allegations inside a special defense.
What happens if a special defense admits an allegation from the complaint?
The admission is deemed to incorporate that allegation into the special defense itself.
Why can’t a defendant just deny everything again inside the special defense?
Because denials belong in the answer’s response to the complaint; a special defense is meant to raise new matter, so it may include a denial only where that denial is material to the defense.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 10-52). 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: denials inside special defense CTadmissions in special defensematerial denial special defense rulewhat a special defense can contain