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Section 17-38.—Amending Notice of Defense

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

In one sentenceA judicial authority can allow a defendant to file or amend a notice of defense at any time, for good cause and on whatever terms the court sets.

Full Text of Section 17-38

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The judicial authority may, for cause shown, and upon such terms as it may impose, permit such notice to be filed or amended at any time.

Amendment History

(P.B. 1978-1997, Sec. 372.)

Plain-English Summary

This section gives the judicial authority discretion to permit a notice of defense to be filed late, or amended after it’s already on file, at any time. The defendant must show cause, and the court can attach conditions to granting that permission. This flexibility softens the strict specificity demands of Section 17-37 by letting a defendant fix or supplement a notice that was incomplete or filed outside the usual window.

Frequently Asked Questions

Can a late notice of defense still be filed?

Yes, if the defendant shows cause, the judicial authority may permit the notice to be filed even after the normal deadline has passed.

Can an already-filed notice of defense be amended?

Yes. Section 17-38 lets the judicial authority permit amendments to a notice of defense at any time, for cause shown.

Are there conditions attached to filing or amending late?

The judicial authority may impose whatever terms it decides are appropriate as part of granting permission.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 17-38). 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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