Section 17-41.Relief Permissible on Default
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
Full Text of Section 17-41
Amendment History
(P.B. 1978-1997, Sec. 375.)
Plain-English Summary
This section caps recovery differently depending on how the case was resolved. When a defendant has been defaulted, the plaintiff is limited to the relief demanded in the complaint — the court cannot award more than what was originally requested. Outside the default context, the judicial authority has more flexibility: upon a proper amendment, it may grant the plaintiff relief beyond what the complaint originally demanded, as long as that relief is consistent with the case presented at trial and falls within the issues the parties litigated.
Frequently Asked Questions
Can a plaintiff recover more than the complaint demanded after a default?
No. Section 17-41 limits the plaintiff to no greater relief than what was demanded in the complaint when the defendant has been defaulted.
Is that limit different in cases that aren’t on default?
Yes. Outside the default setting, the judicial authority may grant relief beyond the complaint’s original demand upon a proper amendment, so long as it fits the case tried and the issues raised.
Does the plaintiff need to amend the complaint to get relief beyond what was originally demanded?
Yes, the rule ties that broader relief to a proper amendment consistent with the case made at trial.