Connecticut General Statutes

Conn. Gen. Stat. § 52-102 (2026)

Joinder of persons with interest adverse to plaintiff and of necessary persons

✓ current as of May 2026

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Upon motion made by any party or nonparty to a civil action, the person named in the party's motion or the nonparty so moving, as the case may be, (1) may be made a party by the court if that person has or claims an interest in the controversy, or any part thereof, adverse to the plaintiff, or (2) shall be made a party by the court if that person is necessary for a complete determination or settlement of any question involved therein; provided no person who is immune from liability shall be made a defendant in the controversy.

(1949 Rev., S. 7825; P.A. 86-338, S. 16; P.A. 87-227, S. 10.)

History: P.A. 86-338 provided that any “party” has the right to make any person a defendant; P.A. 87-227 replaced “Any party shall have the right to make any person a defendant who” with “Upon motion made by any party or nonparty to a civil action, the person named in the party's motion or the nonparty so moving, as the case may be, (1) may be made a party by the court if that person”, added provision that the person “shall be made a party by the court if that person” is necessary for a complete determination or settlement of any question, and added provision that no person who is immune from liability shall be made a defendant in the controversy.

Trustee of mortgage claimed to be void is a proper defendant to suit to set it aside. 49 C. 308. Parties cannot except to irregularities in the process by which others are brought into court. 52 C. 234. Does not permit joinder where there is no joint liability. 53 C. 42. Different owners in severalty of property sought to be condemned may be made joint defendants. Id., 552. A complaint against an administrator can be amended so as to charge him in his individual capacity. 57 C. 304. Action for contribution by one of several guarantors against others. 67 C. 147. Joining several persons who are polluting stream. Id., 496. Absence of suitable but not necessary parties no ground of error. 68 C. 157. Legatees whose interest would be required to satisfy claim against estate are real parties in interest in action to enforce it. 73 C. 403. In action to secure surrender of notes assigned to various parties by payee, all assignees properly joined. 77 C. 427. Creditors of dissolved corporation should be parties to action to enforce stockholder's liability; so administrator of dead stockholder. 78 C. 595. A single judgment may be joint as to some and several as to others. Id., 604. Where agent converts property at direction of principal, both may be joined. 79 C. 577. If one of several grantors seeks to have deed set aside, other grantors should be joined. Id., 644. In equity proceedings, all persons interested should be made parties. Id., 653. In action by administrator to determine right to bank deposit, the adverse claimant and the bank are proper defendants. 80 C. 421. Proper defendants in action involving power of trustee over land deeded away by him. Id., 460. In action to determine rights in safety fund of insurance company, the company, its directors and trustees proper parties. Id., 681. Administrator necessary party to action to charge distributees with fund converted by intestate. 83 C. 75. Where different parties claim portions of one lot of goods, they cannot be sued jointly in replevin. 86 C. 372. Some or all who join in joint and several obligations may be made parties; misjoinder or nonjoinder, if relied on as a defense, should be pleaded. 91 C. 347. Superseded trustee should not be joined in action to determine rights in estate. Id., 444. Relief may be claimed in the alternative against corporation or its officers, where plaintiff does not know whether or not contract was authorized. 93 C. 479. Application to declaratory judgment act. 98 C. 804. Objection to status as a party defendant must be raised with reasonable promptness; waiver where party is treated throughout trial as party defendant. 109 C. 330. In action by nonresident, defendants residing in different counties may be joined only when that is permissible within the fair meaning of Sec. 52-42. 121 C. 226. Court may admit as parties to appeal from Liquor Control Commission persons who have a sufficient interest in the controversy, including municipality as representative of inhabitants. 132 C. 212; 133 C. 157. Motion to be dropped properly granted. 138 C. 28. Denial of motion to add and cite in additional defendant not a final judgment which can be appealed. 146 C. 741. Cited. 153 C. 545; 172 C. 572; 182 C. 1; 184 C. 483; 185 C. 445; Id., 583; 186 C. 311; 191 C. 1; 212 C. 628; 214 C. 1; 233 C. 701; 234 C. 660; 236 C. 670; 239 C. 798.

Cited. 29 CA 618; 32 CA 340; 33 CA 714; 34 CA 634; 35 CA 204; 41 CA 62; Id., 89; 42 CA 330; judgment reversed, see 241 C. 734; Id., 363; 43 CA 227; 46 CA 391. Service of process on individual defendants appearing to initiate a new lawsuit against them, prior to authorization by court to cite in new parties to pending action against corporation, and subsequent request to amend pending complaint to include new complaint against individuals was improper and trial court properly dismissed complaint against individual defendants. 158 CA 550. General contractors do not have an automatic right to intervene in an application to discharge a subcontractor's mechanics lien. 207 CA 649.

Cited. 12 CS 199; 17 CS 34. Mortgagee bank holding mortgage given by grantee who allegedly acquired property from incompetent grantor without consideration is proper party in suit by grantor's conservator to void deed. 18 CS 106. Cited. 19 CS 398. Plaintiff properly moved to be made a party defendant to protect its interest re foreclosure. 25 CS 516. Cited. 26 CS 418. Provisions cannot be stretched to allow defendant to implead as third-party defendant a person who has not been sued by plaintiff. 33 CS 190. Cited. Id., 606; 41 CS 389; 44 CS 469.

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Notes of Decisions

Cited in 59 cases (5 in the last 5 years), 1963–2026 · leading case: Donner v. Kearse, 662 A.2d 1269 (Conn. 1995).

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Donner v. Kearse, 662 A.2d 1269 (Conn. 1995). · cites it 7× “Defendants who had been sued, however, were not left without a method to change the universe of negligence to be considered.”

Cooper v. Delta Chi Hous. Corp., 674 A.2d 858 (Conn. App. Ct. 1996). · cites it 9× “The sole issue in this appeal is whether the University of Connecticut (UCONN) is immune from having its liability apportioned pursuant to General Statutes §§ 52-102 1 and 52-572h.”

Polymer Resources, Ltd. v. Keeney, 629 A.2d 447 (Conn. App. Ct. 1993). · cites it 12× “11 II FRCE also asserts that the trial court should have allowed it to intervene as of right under general principles of intervention, including Practice Book §§99 and 100 and General Statutes §§ 52-102 and 52-107. 12 *350 Although we agree with the applicant that Practice Book…”

Hallenbeck v. St. Mark Evangelist Corp., 616 A.2d 1170 (Conn. App. Ct. 1992). · cites it 9× “” Unlike the general intervention statute, General Statutes § 52-102, 7 which expressly requires that such intervention be accomplished by motion, § 31-293 (a) contains no such requirement.”

Brookridge Dist. Ass'n v. Plan. & Zoning Comm'n, 793 A.2d 215 (Conn. 2002). · cites it 4× “On January 23, 2000, Brookridge unsuccessfully moved to intervene 1 in Pathways’ appeal pursuant to General Statutes §§ 52-102 2 and 52-107, 3 and Practice *610 Book §§ 9-18 4 and 9-19.”

BNY W. Trust v. Roman, 990 A.2d 853 (Conn. 2010). · cites it 5× “General Statutes §§ 52-102 6 and 52-107 7 govern the intervention of nonparties to an action and provide *204 for both permissive intervention and intervention as a matter of right.”

Bohan v. Last, 674 A.2d 839 (Conn. 1996). · cites it 4× “Pursuant to General Statutes §§ 52-102 and 52-572h (c) and (d) 3 and Practice *673 Book § 103, 4 the defendants moved to cite in four additional defendants in order to permit a determination of the proportionate share of damages for which each defendant might be liable.”

Lostritto v. Cmty. Action Agency of New Haven, Inc., 848 A.2d 418 (Conn. 2004). · cites it 3× “” Some courts used General Statutes § 52-102 to permit nonparties to be brought into negligence actions for the purpose of apportioning liability.”

Hilton v. City of New Haven, 661 A.2d 973 (Conn. 1995). · cites it 4× “General Statutes § 52-102 (2); 21 Practice Book § 99.”

In re David B., 142 A.3d 1277 (Conn. App. Ct. 2016). · cites it 5× “This court has discussed the principles underlying these statutes in connection with the need to achieve substantial justice: "The decision whether to grant a motion for the addition of a party to pending legal proceedings rests generally in the sound discretion of the trial…”

Pond View, LLC v. Plan. & Zoning Comm'n, 953 A.2d 1 (Conn. 2008). · cites it 4× “” Thereafter, the intervenors filed their brief on the merits of the appeal, but did not file a motion to be made parties, pursuant to General Statutes § 52-102 (l) 8 and Practice Book § 9-6.”

Sturman v. Socha, 463 A.2d 527 (Conn. 1983). · cites it 2× “Bruce, “Joinder of Claims, Parties and Counterclaims: A Proposal for Revision of the Connecticut Provisions” 51 Conn. B.J. 354, 358 (1977). Further, the relevant provisions of the Practice Book and the General Statutes make no specific distinction between the terms.”

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