Connecticut General Statutes

Conn. Gen. Stat. § 52-108 (2026)

Nonjoinder and misjoinder of parties

✓ current as of May 2026

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An action shall not be defeated by the nonjoinder or misjoinder of parties. New parties may be added and summoned in, and parties misjoined may be dropped, by order of the court, at any stage of the action, as the court deems the interests of justice require.

(1949 Rev., S. 7830; P.A. 82-160, S. 44.)

History: P.A. 82-160 rephrased section.

New defendants may be cited in although no cause of action exists against original defendants; this may be done even after the writ has been abated. 49 C. 110. Administrator held properly admitted as coplaintiff. 54 C. 241. Complaint against administrator may be amended to charge him in his individual capacity. 57 C. 304. Cited. 65 C. 115. Demurrer lies for misjoinder of plaintiff. 67 C. 277, 278. Power of court to drop party misjoined will ordinarily be exercised only on proper request. Id., 278. Cited. 72 C. 92. Plaintiff should not be dropped on motion of defendant, without a hearing. Id., 472. Party liable over in case of judgment may come in as defendant. 74 C. 163. Objection for defect should be made in trial court; 75 C. 278; 76 C. 252; 81 C. 143; may be waived by argument of appeal on merits of case; 75 C. 605; 81 C. 127; 109 C. 330; or may be harmless. 72 C. 519; 76 C. 262; Id., 433; 79 C. 359; 80 C. 460. Misjoined parties should be dropped but action continued. 77 C. 423; 80 C. 702. Where one, long after action began, consents to be made party, but no action taken, court should drop him. 74 C. 18. If action is brought by next friend, and infant has guardian, he could be brought in; 76 C. 433; so where conservator brings action, ward could come in. 91 C. 681. Adverse party may cause one who is party to action in individual capacity but should be party as administrator, to become party in that capacity. 81 C. 132. Proper procedure where plaintiff dies pending appeal by defendant. 82 C. 212. Making corporation party to mandamus proceeding against officers to secure inspection of books disregarded. 90 C. 639. Misjoinder or nonjoinder if relied on in defense must be pleaded. 91 C. 343. Nonjoinder discussed. Id., 501. Statute embraces a case where one having a right to become a party adopts a wrong procedure to do so. Id., 680. Assignment of right by plaintiff pending action will not defeat it; 92 C. 428; but trustee in bankruptcy cannot recover bank deposit in which a third party is interested in his absence. 97 C. 307. Where subject matter of action was transferred during pendency of action, proper to join transferee as party plaintiff. 123 C. 376. Cited. 153 C. 545; 172 C. 572; 182 C. 1; 184 C. 483; 185 C. 445; 186 C. 311; 187 C. 187; 191 C. 1; 212 C. 628; 233 C. 701.

Cited. 22 CA 114; 27 CA 199; 31 CA 80; Id., 476; 45 CA 702. Court has authority to permit intervention in a civil action in interests of justice and, therefore, court had jurisdiction to consider motion to intervene filed by Division of Criminal Justice. 76 CA 130.

Cited. 4 CS 169. No action should be defeated on this technical ground unless it makes the rendition of a proper judgment impossible. Id., 391. Plea in abatement does not lie for nonjoinder; the defect of parties should be raised before trial. 6 CS 281. Where misjoinder of parties is in essence a misjoinder of causes of action, the proper remedy is by demurrer. 12 CS 290. Cited. 15 CS 12. Court in its discretion has authority to drop misjoined parties. 16 CS 212. Cited. 26 CS 418.

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Notes of Decisions

Cited in 40 cases (5 in the last 5 years), 1969–2024 · leading case: Batte-Holmgren v. Comm'r of Pub. Health, 914 A.2d 996 (Conn. 2007).

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Batte-Holmgren v. Comm'r of Pub. Health, 914 A.2d 996 (Conn. 2007). · cites it 4× “General Statutes § 52-108; Practice Book § 9-19; Bauer v.”

Rocque v. Sound Mfg., Inc., 818 A.2d 884 (Conn. App. Ct. 2003). · cites it 7× “The division of criminal justice sought to intervene pursuant to General Statutes § 52-108 and Practice Book § 9-19 to protect *132 the integrity of the criminal prosecution and the information gathered during the criminal investigation.”

Hilton v. City of New Haven, 661 A.2d 973 (Conn. 1995). · cites it 4× “2d 293 (1989); see General Statutes § 52-108 19 ; Practice *722 Book § 100.”

Fong v. Plan. & Zoning Bd. of Appeals, 563 A.2d 293 (Conn. 1989). · cites it 4× “First, we rely upon the conjunctive operation of General Statutes § 52-108 5 and Practice Book § 100, 6 which prohibit the defeat of an action for nonjoinder or misjoinder of parties.”

Gonzalez v. O. & G. Indus., Inc., 140 A.3d 950 (Conn. 2016). · cites it 2× “On September 23, 2013, the trial court issued an order realigning the parties in the present case pursuant to General Statutes § 52-108 and Practice Book § 9-19.”

Fed. Deposit Ins. v. Ret. Mgmt. Grp., Inc., 623 A.2d 517 (Conn. App. Ct. 1993). · cites it 4× “General Statutes §§ 52-108, 52-109; Practice Book §§ 100, 101; see also United States Trust Co.”

Garden Homes Profit Sharing Trust, L.P. v. Cyr, 206 A.3d 230 (Conn. App. Ct. 2019). · cites it 8× “though the plaintiff argues that it was improper for the court to have raised the issue of nonjoinder on its own without a motion to strike filed by the defendant, General Statutes § 52-108 gives the court broad authority to address issues of nonjoinder and misjoinder that may…”

Izzo v. Quinn, 155 A.3d 315 (Conn. App. Ct. 2016). · cites it 4× “Pursuant to General Statutes § 52-108 : "An action shall not be defeated by the nonjoinder or misjoinder of parties.”

D'Appollonio v. Griffo-Brandao, 53 A.3d 1013 (Conn. App. Ct. 2012). · cites it 4× “It is clear that Sideriadis and Hughes, as property owners within the same residential subdivision and having an interest in the easement area, were never joined as parties to this action.”

Horton v. Meskill, 445 A.2d 579 (Conn. 1982). · cites it 2× “” See also General Statutes § 52-108. Rule 24 of the Federal Rules of Civil Procedure provides: “Rule 24.”

BNY W. Trust v. Roman, 990 A.2d 853 (Conn. 2010). · cites it 2× “” Accord Practice Book § 9-18; see also General Statutes § 52-108 and Practice Book § 9-19 (allowing new parties to be brought in).”

Andrew Ansaldi Co. v. Plan. & Zoning Comm'n, 540 A.2d 59 (Conn. 1988). · cites it 2× “General Statutes §§ 52-108 and 52-107. For reasons that are not entirely clear, these provisions usually have not been deemed applicable to save administrative appeals not complying with statutory procedural specifications.”

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