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Section 10-7.Waiving Right To Plead

Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026

In one sentenceFiling a pleading later in the required sequence waives the right to file an earlier pleading that could have come before it, unless the court orders otherwise.

Full Text of Section 10-7

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In all cases, when the judicial authority does not otherwise order, the filing of any pleading provided for by the preceding section will waive the right to file any pleading which might have been filed in due order and which precedes it in the order of pleading provided in that section.

Amendment History

(P.B. 1978-1997, Sec. 113.)

Plain-English Summary

Section 10-7 enforces the pleading order set out in Section 10-6. Unless the judicial authority orders otherwise, filing a pleading provided for in the order of pleading waives the right to file any pleading that could have been filed earlier in that sequence but was not.

Frequently Asked Questions

What does it mean to waive the right to plead further in Connecticut?

Under Section 10-7, filing a later pleading in the required order waives the right to go back and file a pleading that should have come before it, such as filing an answer without first moving to strike.

Can a court allow a party to file an earlier pleading after waiving it?

Yes. Section 10-7 applies only when the judicial authority does not otherwise order, so the court has discretion to permit a pleading out of the usual order.

How does Section 10-7 relate to the order of pleading in Section 10-6?

Section 10-7 is the enforcement mechanism for that order — it waives any pleading a party skipped once that party files a later pleading in the sequence.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 10-7). 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: waiving right to plead further CTpleading over waiver Connecticutskipping motion to strike consequencesorder of pleading waiver rule