Matter in avoidance of affirmative allegations in an answer or counterclaim shall be specially pleaded in the reply. Such a reply may contain two or more distinct avoidances of the same defense or counterclaim, but they must be separately stated.
Section 10-57.—Matter in Avoidance of Answer
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceWhen a plaintiff’s reply raises new facts to avoid a defendant’s special defense or counterclaim, those facts must be specially pleaded, and separate avoidances of the same defense must be stated separately.
Full Text of Section 10-57
Amendment History
(P.B. 1978-1997, Sec. 172.)
Plain-English Summary
Section 10-57 governs how a plaintiff’s reply must handle “matter in avoidance” — new facts offered to defeat an affirmative defense or counterclaim rather than just deny it. Those facts cannot be tucked into a general denial; they must be specially pleaded in the reply, just as a defendant must specially plead an affirmative defense in the answer.
If the plaintiff has more than one distinct way of avoiding the same defense or counterclaim, the reply may raise them all, but each avoidance must be stated as its own separate paragraph or section rather than blended together.
Frequently Asked Questions
What counts as matter in avoidance in a Connecticut reply?
It is new factual matter the plaintiff raises to defeat a defendant’s special defense or counterclaim, rather than a straight denial of the defense’s allegations.
Can a reply raise more than one avoidance of the same defense?
Yes. Section 10-57 allows two or more distinct avoidances of the same defense or counterclaim, but each one must be separately stated.
Does matter in avoidance need to be pleaded specially, or can it be a general denial?
It must be specially pleaded. A general denial is not enough to raise avoidance facts under this section.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 10-57). 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: matter in avoidance Connecticut replypleading avoidance to a special defense CTreply to counterclaim avoidanceseparate avoidances of a defense