If, on the trial of any issue of fact in a civil matter tried to the court, the plaintiff has produced evidence and rested, a defendant may move for judgment of dismissal, and the judicial authority may grant such motion if the plaintiff has failed to make out a prima facie case. The defendant may offer evidence in the event the motion is not granted, without having reserved the right to do so and to the same extent as if the motion had not been made. (P.B. 1978-1997, Sec. 302.)
Section 15-8.Dismissal in Court Cases for Failure To Make Out a Prima Facie Case
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceThis section lets a defendant in a non-jury civil case move for judgment of dismissal after the plaintiff rests, and the judicial authority may grant it only if the plaintiff has failed to make out a prima facie case, without cutting off the defendant’s own right to put on evidence if the motion is denied.
Full Text of Section 15-8
Amendment History
(Amended June 30, 2008, to take effect Jan. 1, 2009.) Sec. Issues in Equitable Actions Statement of Claim; Arguing Amount Recoverable For previous Histories and Commentarie corresponding to the years o
Plain-English Summary
Section 15-8 applies to a case tried to the court — without a jury — on an issue of fact. Once the plaintiff has produced evidence and rested, the defendant may move for judgment of dismissal. The judicial authority may grant that motion, but only if the plaintiff has failed to make out a prima facie case. The rule does not describe any other ground for granting the motion; the plaintiff’s prima facie showing is the sole measure.
If the judicial authority denies the motion, the defendant is still free to offer its own evidence. Making the motion does not cost the defendant anything: the rule specifies the defendant may proceed to offer evidence without having reserved that right beforehand, and to the same extent as if the motion had never been made at all.
Frequently Asked Questions
What is a motion for judgment of dismissal under Connecticut Section 15-8?
It is a motion a defendant may make in a court case, after the plaintiff has presented evidence and rested, asking the judicial authority to dismiss the case because the plaintiff failed to make out a prima facie case.
Does Section 15-8 apply to jury trials?
No. By its terms it applies to the trial of an issue of fact in a civil matter tried to the court.
If the motion for judgment of dismissal is denied, can the defendant still present evidence?
Yes. The defendant may offer evidence to the same extent as if the motion had never been made, and does not need to have reserved that right in advance.
What standard does the judicial authority apply in deciding the motion?
The judicial authority may grant the motion only if the plaintiff has failed to make out a prima facie case; that is the standard the section sets.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 15-8). 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 judgment of dismissal Connecticutprima facie case failure to prove CTclose of plaintiff case motion Connecticutcourt case dismissal after plaintiff rests