Section 10-68.Pleading Special Matters; Pleading Notice
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
Full Text of Section 10-68
Amendment History
(P.B. 1978-1997, Sec. 185.)
Plain-English Summary
Some tort claims and statutory claims only exist because a statute allows them, and that statute often makes proper notice a condition of suing. Section 10-68 tells a plaintiff who must allege that notice was given how to do it in the complaint: either recite the text of the notice directly or attach a copy of it to the pleading.
The rule gives the plaintiff a choice between the two methods, but it does not allow a plaintiff to skip the notice allegation altogether when a statute requires one. Putting the notice’s content or a copy in the complaint lets the defendant and the court see exactly what notice was given and when.
Frequently Asked Questions
Do I have to attach the actual notice document, or can I just describe it?
The rule lets you either recite the notice in the complaint itself or annex a copy of it — you do not have to do both.
Does this rule apply to every civil case?
No. It applies only where a plaintiff, in an action of tort or upon a statute, is compelled to allege that a statutorily required notice was given.
What happens if the complaint does not include the notice at all?
The text does not say, but the rule’s command is that the plaintiff shall recite or annex the notice whenever alleging it is required, so leaving it out of the complaint means failing to meet that requirement.