The defendant may, without notice, offer evidence to reduce the amount of damages claimed.
Section 17-40.—Evidence To Reduce Damages
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceA defendant can offer evidence at a hearing in damages to reduce the amount of damages claimed without giving the plaintiff any advance notice.
Full Text of Section 17-40
Amendment History
(P.B. 1978-1997, Sec. 374.)
Plain-English Summary
This section carves out a narrow exception to the notice requirements that otherwise govern hearings in damages. A defendant does not need to give notice before offering evidence aimed at reducing the amount of damages the plaintiff claims. This is different from evidence meant to contradict liability allegations or raise a defense, which does require notice under Sections 17-34 and 17-37 — evidence solely directed at the size of the damages award can come in without any advance warning to the plaintiff.
Frequently Asked Questions
Does a defendant need to give notice before contesting the dollar amount of damages?
No. Section 17-40 lets the defendant offer evidence to reduce the amount of damages claimed without notice.
Is this the same as contesting liability at a hearing in damages?
No. Contesting liability or raising a defense requires notice under Section 17-34, but evidence aimed only at reducing the damages figure does not.
What kind of evidence does this cover?
Any evidence directed at lowering the amount of damages claimed, as opposed to evidence that contradicts the complaint’s allegations or denies the plaintiff’s right to sue.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 17-40). 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: reduce damages without notice CTevidence at hearing in damages amountcontesting damages amount after defaultno notice required damages reduction