If, on the trial, whether upon an issue of fact or of law, of a cause wherein equitable relief is demanded, it appears that the plaintiff is not entitled to such relief but may be entitled to legal relief, the judicial authority may permit the complaint to be amended so as to present a proper case for the latter relief; and in like manner a complaint demanding legal relief may be so amended as to entitle the plaintiff to equitable relief. (See General Statutes § 52-137 and annotations.)
Section 10-63.—Amendment; Legal or Equitable Relief
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceThis rule lets a judicial authority allow a complaint to be amended at trial to switch between equitable and legal relief when the evidence shows the plaintiff is entitled to the other kind instead.
Full Text of Section 10-63
Amendment History
(P.B. 1978-1997, Sec. 179.)
Plain-English Summary
Section 10-63 addresses what happens when the proof at trial does not match the relief a complaint originally demanded. If a plaintiff sued for equitable relief but the trial — on either a question of fact or a question of law — shows the plaintiff is not entitled to that relief but may be entitled to legal relief instead, the judicial authority may allow the complaint to be amended so it presents a proper case for the legal relief. The rule also runs the other direction: a complaint demanding legal relief may be amended so the plaintiff can pursue equitable relief.
The rule does not require this amendment; it gives the judicial authority discretion to permit it once the trial reveals a mismatch between what was pleaded and what the evidence supports.
Frequently Asked Questions
Can a Connecticut complaint be amended from equitable to legal relief during trial?
Yes. Section 10-63 allows the judicial authority to permit that amendment if the trial shows the plaintiff is not entitled to the equitable relief demanded but may be entitled to legal relief instead.
Does this rule work in both directions between legal and equitable relief?
Yes, the text applies both ways — a complaint seeking equitable relief may be amended to seek legal relief, and a complaint seeking legal relief may be amended to seek equitable relief.
Is the amendment under Section 10-63 automatic?
No. The rule states the judicial authority “may permit” the amendment, so it is a matter of discretion rather than an automatic right.
When during the case does Section 10-63 apply?
It applies at trial, on either an issue of fact or an issue of law, when the proof shows a mismatch between the relief pleaded and the relief the plaintiff may be entitled to.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 10-63). 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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