In all cases of any material variance between allegation and proof, an amendment may be permitted at any stage of the trial. If such allegation was made without reasonable excuse, or if the adverse party was actually misled thereby to his or her prejudice in maintaining the action or defense upon the merits, or if such amendment requires postponement of the trial or additional expense to the adverse party and this is shown to the satisfaction of the judicial authority, such amendment shall be made only upon payment of costs or upon such terms as the judicial authority may deem proper; but in any other case, without costs. Immaterial variances shall be wholly disregarded.
Section 10-62.—Variance; Amendment
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceWhen trial proof materially differs from what was pleaded, Connecticut courts may allow an amendment at any stage of trial, sometimes on payment of costs, while variances that are not material are disregarded entirely.
Full Text of Section 10-62
Amendment History
(P.B. 1978-1997, Sec. 178.)
Plain-English Summary
Section 10-62 addresses variance — a mismatch between what a party alleged and what the evidence at trial shows. If the variance is material, the judicial authority may permit an amendment at any stage of the trial to bring the pleading in line with the proof.
Whether that amendment comes with a cost depends on the circumstances. If the original allegation was made without reasonable excuse, or misled the adverse party to their prejudice in maintaining the action or defense on the merits, or if the amendment requires postponing the trial or causes the adverse party additional expense, the court may require payment of costs or set other terms before allowing it. In any other case, the amendment is allowed without costs. Variances that are not material are disregarded altogether, with no amendment needed.
Frequently Asked Questions
What is a variance between pleading and proof under Connecticut rules?
It is a mismatch between what a party alleged in the pleadings and what the evidence presented at trial shows.
Can a party amend a pleading during trial to match the proof?
Yes, Section 10-62 allows an amendment at any stage of the trial when there is a material variance between allegation and proof.
When does the court require payment of costs for this kind of amendment?
When the original allegation lacked reasonable excuse, misled the adverse party to their prejudice, or the amendment requires postponing trial or adds expense for the adverse party.
What happens to a variance that is not material?
Immaterial variances are wholly disregarded, so no amendment is required to address them.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 10-62). 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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