The notice shall not contain a general denial, but shall specify which, if any, of the allegations, or parts thereof, of the complaint will be controverted; and only those allegations should be specified which it is intended to controvert by proof. The denial of the right of the plaintiff to maintain the action must go to the plaintiff’s right to maintain it in the capacity in which the plaintiff sues, and not otherwise controvert the right of action. Any new matter by way of confession and avoidance must be specified. The defense of contributory negligence must be specified and the grounds stated. Partial defenses must be specified in the same manner as complete defenses.
Section 17-37.—Notice of Defense To Be Specific
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceA notice of defense in a hearing in damages can't be a blanket denial — it must spell out exactly which allegations the defendant plans to contest and, for defenses like contributory negligence, state the specific grounds.
Full Text of Section 17-37
Amendment History
(P.B. 1978-1997, Sec. 371.)
Plain-English Summary
This section sets the ground rules for what a notice of defense must say. A defendant cannot file a general denial. Instead, the notice has to identify which specific allegations, or parts of allegations, in the complaint the defendant intends to controvert — and only those allegations the defendant plans to contest with proof. If the defendant is denying the plaintiff’s right to bring the suit, that denial has to target the capacity in which the plaintiff sued, not the merits of the claim itself. Any new matter offered by way of confession and avoidance must be spelled out, and a defense of contributory negligence must be specified with its grounds stated. Partial defenses get the same treatment as complete defenses — they must be identified with equal specificity.
Frequently Asked Questions
Can a defendant just deny everything in the complaint in a notice of defense?
No. Section 17-37 bars a general denial — the notice must identify the specific allegations or parts of allegations the defendant intends to contest.
What does it mean to deny the plaintiff’s right to maintain the action?
Under this section, that denial must go to the capacity in which the plaintiff sued, not to the underlying merits of the claim.
Does contributory negligence need special treatment in the notice?
Yes. If a defendant wants to raise contributory negligence, the notice must specify the defense and state the grounds for it.
Do partial defenses need to be spelled out the same way as full defenses?
Yes. Section 17-37 requires partial defenses to be specified with the same particularity as complete defenses.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 17-37). 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: notice of defense requirements Connecticutspecific denial in hearing in damagescontributory negligence notice CTconfession and avoidance noticepartial defense specificity rule