Connecticut General Statutes

Conn. Gen. Stat. § 52-210 (2026)

Motion for nonsuit

✓ current as of May 2026

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If, on the trial of any issue of fact in a civil action, the plaintiff has produced his evidence and rested his cause, the defendant may move for judgment as in case of nonsuit, and the court may grant such motion, if in its opinion the plaintiff has failed to make out a prima facie case.

(1949 Rev., S. 7977.)

Does not impair right of trial by jury. 24 C. 468. Cannot be granted because suit was brought without authority. 26 C. 529. Cases of nonsuit. 23 C. 485; 24 C. 40; Id., 207; 30 C. 492. When to be granted. 93 C. 96; 97 C. 312. Refusal to nonsuit not reviewable on application of defendant. 51 C. 512. Nonsuit should not be granted where there is substantial evidence to support plaintiff's claim. 58 C. 279; 70 C. 74; 71 C. 29. Nor on a jury trial upon the ground that the allegations of the complaint, if proved, would not support a judgment. 66 C. 196. Nor because the court is satisfied that the witnesses are not credible. Id., 206. Statute salutary. 76 C. 41. If law applied to facts proved does not make out case, nonsuit is proper; 77 C. 321; so, where plaintiff's evidence brings case within statute of limitations; 64 C. 430; 71 C. 24; or statute of frauds; 82 C. 293; or plaintiff fails to make out prima facie case; 66 C. 313; 104 C. 78, 746; or bases case on surmise or conjecture; 82 C. 403; 83 C. 231; 84 C. 401; 86 C. 509; Id., 546; or offers no substantial evidence. 70 C. 74; 84 C. 403. But not proper if plaintiff makes out prima facie case; 71 C. 24; 104 C. 78; or offers substantial evidence; 82 C. 236; 83 C. 261; though it is weak; 83 C. 20; or evidence is conflicting; 70 C. 505; or issue involves determination of credibility of witness; 94 C. 350; 96 C. 230; 116 C. 69; or reasonable men might differ. 87 C. 119. Sufficiency of allegations of complaint not in question. 82 C. 236. Court must construe evidence most favorably to plaintiff. 83 C. 20; 116 C. 69. Motion need not specify grounds. 77 C. 559. Proper as to one of several defendants. 79 C. 379; 82 C. 685. Court may permit reopening of case to supply proof. 68 C. 33. Discretion of court in refusing to grant. 77 C. 136; Id., 334; Id., 462; 79 C. 266; Id., 379; 80 C. 298; 106 C. 13. Form motion takes immaterial if no evidence offered which could sustain recovery. 90 C. 617. Grant carries costs but does not determine issues; form of judgment file. 94 C. 80. Has no place on hearing in damages after default. Id., 244. Rules same in court and jury cases. 96 C. 230. All inferences to be drawn in favor of plaintiff. Id., 222. Only evidence considered is that offered by plaintiff to support complaint, not that pertinent to affirmative defense. 97 C. 312; 100 C. 42. Nature of nonsuit; is entirely different from erasure or dismissal for want of jurisdiction. 98 C. 231. Does not apply to judgments entered upon nonsuits for failure to plead. 116 C. 31. Denial of motion for nonsuit serves no other purpose than to establish fact that prima facie case is made. 132 C. 402. Upon a motion for nonsuit, unless it appears that no relief could be granted under the pleadings, their legal sufficiency is not open to question. 134 C. 502. Cited. 140 C. 643. Nonsuit may be granted only when plaintiff has failed to make out a prima facie case. 143 C. 230. Cited. 145 C. 99; 147 C. 260; 152 C. 699; 185 C. 1. Where granting of nonsuit must depend in any appreciable degree upon court's passing on credibility of a witness, nonsuit should not be granted. Id., 195.

Cited. 30 CA 664; 43 CA 83.

Motion for dismissal is unknown to Connecticut law. 2 Conn. Cir. Ct. 7.

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Notes of Decisions

Cited in 19 cases (1 in the last 5 years), 1960–2024 · leading case: Rizzuto v. Davidson Ladders, Inc., 905 A.2d 1165 (Conn. 2006).

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Rizzuto v. Davidson Ladders, Inc., 905 A.2d 1165 (Conn. 2006). · cites it 8× “See General Statutes § 52-210; [9] Practice Book § 13-14(a)(5).”

Jackson v. Water Pollution Control Auth., 900 A.2d 498 (Conn. 2006). · cites it 5× “*700 At the close of the plaintiffs case-in-chief, the trial court granted the defendant’s motion for nonsuit on the plaintiffs federal discrimination claim pursuant to General Statutes § 52-210, 9 and the plaintiff has not challenged that ruling.”

Grondin v. Curi, 817 A.2d 61 (Conn. 2003). · cites it 5× “The defendant subsequently moved for, and the court granted, a judgment of nonsuit pursuant to General Statutes § 52-210 11 due to the plaintiffs failure to establish a prima facie case.”

Rosenfield v. Cymbala, 681 A.2d 999 (Conn. App. Ct. 1996). · cites it 5× “8 Although a judgment as in case of nonsuit for failure to make out a prima facie case was established by Connecticut’s judiciary as a rule of practice in 1963, the rule, in substance, was actually adopted from General Statutes § 52-210, 9 which has been in existence since 1852.”

Winn v. Posades, 913 A.2d 407 (Conn. 2007). · cites it 2× “2 “We note that [a] motion for judgment of dismissal has replaced the former motion for nonsuit [pursuant to General Statutes § 52-210] for failure to make out a prima facie case.”

Warning Lights & Scaffold Serv., Inc. v. O & G Indus., Inc., 925 A.2d 359 (Conn. App. Ct. 2007). · cites it 4× “With regard to judgments of nonsuit, General Statutes § 52-210 authorizes a court to grant such a motion if the plaintiff has failed to make out a prima facie case.”

Aqleh v. Cadlerock Jt. Venture II, L.P., 10 A.3d 498 (Conn. 2010). · cites it 2× “upon motion of any garnishee in the action, assign the action for trial”); General Statutes § 52-210 (“[i]f ... in a civil action, the plaintiff has .”

Cormier v. Fugere, 440 A.2d 820 (Conn. 1981). · cites it 4× “Practice Book § 302; General Statutes § 52-210. They based their motion on four grounds, one of which was the plaintiffs’ failure to establish a prima facie case.”

Elliot v. Sears, Roebuck & Co., 621 A.2d 1371 (Conn. App. Ct. 1993). · cites it 2× “” The defendant failed to move for a directed verdict; see Practice Book § 321; or a nonsuit; see General Statutes § 52-210; at the conclusion of the plaintiffs case.”

Crelan v. Crelan, 5 A.3d 572 (Conn. App. Ct. 2010). · cites it 2× “2d 407 (2007), the court stated that the motion for a judgment of dismissal had replaced the former motion for a nonsuit, pursuant to General Statutes § 52-210, for failure to make out a prima facie case.”

Jaquith v. Revson, 270 A.2d 559 (Conn. 1970). “The nonsuit, having been entered against the defendant for failing to comply with an order of the trial court to make her counterclaim more specific, and not for failure to make out a prima facie ease under § 52-210 of the General *431 Statutes, was a final judgment from which,…”

Winnick v. Nicoli, 440 A.2d 892 (Conn. 1981). · cites it 4× “2 The nonsuit was granted pursuant to General Statutes § 52-210. 3 The plaintiffs moved to set side the nonsuit and for a new trial.”

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