Conn. Gen. Stat. » Title 10 — EDUCATION AND CULTURE · Chapter 164 — Educational Opportunities
Connecticut General Statutes

Conn. Gen. Stat. § 10-59 (2025)

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Section 10-59 is repealed.

(1949 Rev., S. 1383; 1951, 1953, 1955, S. 914d; 1959, P.A. 81, S. 1; 1969, P.A. 698, S. 27.)

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Notes of Decisions
Cited in 29 cases (10 in the last 5 years), 1999–2026 · leading case: Ion Bank v. J.C.C. Custom Homes, LLC, 206 A.3d 208 (Conn. App. Ct. 2019).
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Ion Bank v. J.C.C. Custom Homes, LLC, 206 A.3d 208 (Conn. App. Ct. 2019). · cites it 13× “Nevertheless, the plaintiff claims on appeal that the court improperly granted the motion to dismiss because it (1) failed to consider an amended complaint that the plaintiff filed pursuant to Practice Book § 10-59, which, the plaintiff argues, substituted Nutmeg in as the…”
Fennelly v. Norton, 931 A.2d 269 (Conn. App. Ct. 2007). · cites it 6× “" [7] See also Practice Book § 10-59. The return day in the present case was September 13, 2005.”
Bennett v. New Milford Hosp., Inc., 12 A.3d 865 (Conn. 2011). · cites it 2× “17 With respect to the emphasis by the defendant and the trial lawyers on the availability of amendment, we note that the plaintiff herein did not seek to amend his complaint, certificate of good faith and opinion letter either as of right pursuant to Practice Book § 10-59, or…”
Pekera v. Purpora, 869 A.2d 1210 (Conn. 2005). · cites it 4× “Practice Book § 10-59 provides in relevant part: "The plaintiff may amend any defect, mistake or informality in the writ, complaint or petition and insert new counts in the complaint, which might have been originally inserted therein.”
Dauti v. Stop & Shop Supermarket Co., 879 A.2d 507 (Conn. App. Ct. 2005). · cites it 4× “General Statutes § 52-128 provides: “The plaintiff may amend any defect, mistake or informality in the writ, complaint, declaration or petition, and insert new counts in the complaint or declaration, which might have been originally inserted therein, without costs, within the…”
Merrill v. NRT New England, Inc., 12 A.3d 575 (Conn. App. Ct. 2011). · cites it 2× “ndicated that he changed the return date because the marshal did not return process to him until after the sixth day preceding July 22, 2008, making it impossible for counsel to file it with the court six days prior to the return date in accordance with General Statutes §…”
Martin v. Town of Westport, 558 F. Supp. 2d 228 (D. Conn. 2008). “See Connecticut Practice Book (“Practice Book”) §§ 10-59, 10-60. Martin did not, however, seek an early release from the CHRO, which would have allowed him to amend his State Action complaint.”
Machado v. Taylor, 163 A.3d 558 (Conn. 2017). “See General Statutes § 52-128 (after amendment, "the defendant shall have a reasonable time to answer the same"); Practice Book § 10-59 (plaintiff may amend pleading as of right during first thirty days after return day).”
Carpenter v. Daar, 236 A.3d 239 (Conn. App. Ct. 2020). · cites it 6× “After noting that ‘‘[n]o appellate court to date has sanctioned the use of an affidavit to cure a defective opinion letter,’’ however, the court in Peters expressly stated that in light of what was necessary to its analysis in that appeal, it was leaving that issue ‘‘for another…”
Raynor v. Hickock Realty Corp., 763 A.2d 54 (Conn. App. Ct. 2000). “Although there is authority that an unsigned complaint may be amended; see General Statutes § 52-128; Practice Book § 10-59; Shokite v. Perez, 19 Conn. App. 203, 206-207 , 561 A.”
Stingone v. Elephant's Trunk Flea Mkt., 732 A.2d 200 (Conn. App. Ct. 1999). “) General Statutes § 52-128; Practice Book § 10-59. Finally, while the plaintiff failed to resubmit the $150 entry fee, we do not feel that the plaintiff should be penalized for the Bantam clerk’s failure to return the original entry fee to the plaintiff or to otherwise indicate…”
Peters v. United Cmty. & Fam. Servs., Inc., 191 A.3d 195 (Conn. App. Ct. 2018). · cites it 3× “As an initial matter, we recognize that certain Superior Court decisions provide some authority for permitting a plaintiff to cure a defective opinion letter by *704 supplemental affidavit rather than by following the amendment procedures set forth in Practice Book §§ 10-59 and…”
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