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Section 11-3.Motion for Misjoinder of Parties

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

In one sentenceThis section makes a motion to strike the only way to challenge a complaint for naming the wrong combination of parties, whether too many (misjoinder) or too few (nonjoinder).

Full Text of Section 11-3

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The exclusive remedy for misjoinder of parties is by motion to strike. As set forth in Section 10-39, the exclusive remedy for nonjoinder of parties is by motion to strike.

Amendment History

(P.B. 1978-1997, Sec. 198.)

Plain-English Summary

Section 11-3 tells a party what to do if a lawsuit has the wrong parties in it. If someone believes the plaintiff joined a party who does not belong in the case — misjoinder — the only proper way to raise that objection is a motion to strike. The section also points to Section 10-39, which makes the motion to strike the exclusive remedy for nonjoinder, the opposite problem of leaving a necessary party out.

Because the motion to strike is described as the “exclusive” remedy, a party cannot raise a misjoinder or nonjoinder problem through some other vehicle, such as a motion to dismiss or an answer. The objecting party must use this specific procedural tool or risk losing the ability to raise the issue.

Frequently Asked Questions

What is the remedy for misjoinder of parties in Connecticut?

A motion to strike is the exclusive remedy under Section 11-3 for misjoinder of parties — a party cannot raise the problem through a different motion.

Does the same rule apply to nonjoinder of parties?

Yes. Section 11-3 cross-references Section 10-39, which makes a motion to strike the exclusive remedy for nonjoinder of parties as well.

Can a party raise misjoinder in a motion to dismiss instead?

No. Section 11-3 states the motion to strike is the exclusive remedy, so a motion to dismiss is not the proper vehicle for a misjoinder objection.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 11-3). 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: motion for misjoinder of parties CTmisjoinder of parties Connecticutmotion to strike misjoindernonjoinder of parties remedywrong party in lawsuit Connecticut