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Section 16-19.Reading of Statement of Amount in Demand or Statement of Claim; Arguing Amount Recoverable

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

In one sentenceIn personal injury cases, the jury never learns the dollar amount demanded in the complaint, but lawyers may still suggest a lump sum or formula for damages during closing argument, subject to a cap and cautionary instructions.

Full Text of Section 16-19

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In any action seeking damages for injury to the person, the amount demanded in the complaint shall not be disclosed to the jury. In the event that the jury shall return a verdict which exceeds the amount demanded, the judicial authority shall reduce the award to, and render judgment in, the amount demanded. Counsel for any party to the action may articulate to the jury during closing argument a lump sum or mathematical formula as to damages claimed to be recoverable. The judicial authority shall issue cautionary instructions pursuant to General Statutes § 52-216b.

Amendment History

(P.B. 1978-1997, Sec. 313.)

Plain-English Summary

When a case seeks damages for injury to a person, the jury does not see the dollar figure demanded in the complaint. That number stays out of the trial so the jury sets damages based on the evidence, not on a plaintiff’s opening ask. If the jury nonetheless returns a verdict higher than the amount demanded, the judicial authority must reduce the award to match the demand before entering judgment.

Despite this ban on disclosing the demand itself, counsel for any party may still address dollar figures in closing argument. A lawyer may suggest a lump sum or offer a mathematical formula for calculating recoverable damages. Because jurors could otherwise mistake such argument for evidence or for a binding cap, the judicial authority must give cautionary instructions under General Statutes § 52-216b to keep the jury’s focus on the evidence.

Frequently Asked Questions

Can a lawyer tell the jury how much money the plaintiff is asking for?

No. In personal injury cases, the specific amount demanded in the complaint stays hidden from the jury, though counsel may still suggest a lump sum or formula for damages in closing argument.

What happens if the jury awards more than the amount demanded?

The judicial authority reduces the verdict to match the amount demanded in the complaint and enters judgment at that reduced figure.

What are cautionary instructions under Section 16-19?

They are instructions the judicial authority must give under General Statutes § 52-216b when counsel argues a lump sum or formula for damages, so the jury understands that argument is not evidence.

Does this rule apply to all civil cases?

The text addresses actions seeking damages for injury to the person, where the demand-disclosure ban and the reduction remedy both apply.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 16-19). 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
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