A case presenting issues both in equity and law may be claimed for the jury list, but, unless the judicial authority otherwise orders, only the issues at law shall be assigned for trial by the jury. Whenever such an action has been placed upon the docket as a jury case, no determination of the equitable issues raised by the pleadings shall prevent a jury trial of the claim for damages, unless both parties agree in writing to waive a jury, or unless the determination of the equitable issues has necessarily adjudicated all the facts upon which the claim for damages rests. (See General Statutes § 52-219 and annotations.)
Section 16-11.Cases Presenting Both Legal and Equitable Issues
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceRule 16-11 explains that in a case with both legal and equitable issues, only the legal issues normally go to the jury, and resolving the equitable issues generally does not block a jury trial on the damages claim unless the parties waive a jury in writing or the equitable ruling has already decided the facts the damages claim depends on.
Full Text of Section 16-11
Amendment History
(P.B. 1978-1997, Sec. 308.)
Plain-English Summary
A case presenting issues both in equity and at law may be claimed for the jury list, but unless the judicial authority orders otherwise, only the issues at law are assigned for trial by the jury. Once such an action has been placed on the docket as a jury case, resolving the equitable issues raised by the pleadings does not by itself prevent a jury trial of the claim for damages. There are two exceptions: a jury trial on damages can still be prevented if both parties agree in writing to waive a jury, or if the determination of the equitable issues has already necessarily adjudicated all the facts on which the damages claim rests.
Frequently Asked Questions
In a case with both legal and equitable claims, does the whole case go to the jury?
Not automatically. Unless the judicial authority orders otherwise, only the issues at law are assigned for trial by the jury, even though the case may be claimed for the jury list.
Does deciding the equitable issues first prevent a later jury trial on damages?
Generally no. Once the action is on the docket as a jury case, resolving the equitable issues does not prevent a jury trial of the damages claim, unless the parties waive a jury in writing or the equitable ruling already decided the facts the damages claim depends on.
Can the parties give up their right to a jury trial on the damages claim?
Yes. If both parties agree in writing to waive a jury, the damages claim will not go to a jury even though the case involves both legal and equitable issues.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 16-11). 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: mixed legal and equitable issues jury trialdamages claim after equitable ruling CTwaiving jury trial in writing Connecticutlegal and equitable issues jury trialjury list equity and law case