(a) In any hearing in damages upon default suffered or after demurrer overruled, the defendant shall not be permitted to offer evidence to contradict any allegations in the plaintiff's complaint, except such as relate to the amount of damage, unless he has given notice to the plaintiff of his intention to contradict such allegations and of the subject matter which he intends to contradict, nor shall the defendant be permitted to deny the right of the plaintiff to maintain the action, nor shall he be permitted to prove any matter of defense, unless he has given written notice to the plaintiff of his intention to deny such right or to prove such matter of defense.
(b) The judges of the Supreme Court shall make such rules as to the manner of filing such notices and as to the form thereof as they deem advisable.
(1949 Rev., S. 7957, 7958; 1957, P.A. 651, S. 31; P.A. 82-160, S. 109.)
History: P.A. 82-160 inserted Subsec. indicators and substituted “the” for “such” in Subsec. (a).
Prescribes a mere rule of procedure and affects pending suits. 70 C. 564; 71 C. 617. Defense of res judicata is available under statute. 71 C. 489. Statute overrides conflicting rules, and the required notice is essential to the introduction of evidence. Id., 621. Cited. 72 C. 79; 73 C. 687; 138 C. 35. Nature of proceedings. 69 C. 556; 75 C. 76; 78 C. 289. Nature and sufficiency of notice. 73 C. 338; 75 C. 481; 77 C. 110. Hearing virtually a trial. 78 C. 289. Notice may be filed though demurrer is pending. 77 C. 110. Allowing amendment to complaint after hearing. 69 C. 556. Judgment for nominal damages as judgment for defendant. 72 C. 388. Default as waiving defects in pleading; 73 C. 428; 75 C. 76; 77 C. 358; 77 C. 501; 78 C. 48; 78 C. 289; as admitting allegations of complaint. 68 C. 345; 69 C. 556; 72 C. 74; 77 C. 435; 78 C. 318; 86 C. 308; 100 C. 313. Burden of proof. 68 C. 345; 70 C. 54; 71 C. 632; 72 C. 74; Id., 397; 73 C. 203; Id., 453; Id., 680; 75 C. 289; Id., 481; 76 C. 317; 77 C. 145; Id., 358; 78 C. 318; Id., 617; Id., 709; 80 C. 470; 81 C. 432. Notice must set out fellow servant doctrine as defense. 77 C. 358. Proving invalidity of release set up in defense, without pleading. 81 C. 423. Liability of defendant not in issue unless notice of intent to contest liability has been given. 138 C. 29. Defendant who suffers a default is entitled to a hearing in damages in accordance with the statutes and rules of the court; hearing in damages held 10 days after the return day was premature. 148 C. 435. While defaulted defendant called as witness could not disclaim his liability, he could nevertheless be so called by plaintiffs under Sec. 52-178. 149 C. 459. Supreme Court refused to consider issue raised for first time in appeal brief that judgment was rendered after hearing immediately following order of default; appeals court not required to consider errors which are not assigned or pass on questions not ruled on by trial court. 156 C. 6. Cited. 159 C. 355; 195 C. 191.
Cited. 6 CA 390; 9 CA 1; 18 CA 245; 19 CA 515.
Notes of Decisions
Cited in
10
cases, 1962–2014 · leading case:
Lawton v. Weiner, 882 A.2d 151 (Conn. App. Ct. 2005).
Lawton v. Weiner, 882 A.2d 151 (Conn. App. Ct. 2005).
· cites it 2× “See General Statutes § 52-221 (a); Practice Book §§ 17-34, 17-35; Catalina v.”
Milgrim v. Deluca, 487 A.2d 522 (Conn. 1985).
· cites it 2× “General Statutes § 52-221; Practice Book §§ 367 through 374.”
DiSimone v. Vitello, 505 A.2d 745 (Conn. App. Ct. 1986).
· cites it 2× “The defendants claim that the denial of their motion was improper because (1) they did not receive notice of the judgment as required by Practice Book § 354, (2) the Superior Court clerk’s office failed to provide the defendants with notice of the hearing in damages in…”
DeBlasio v. Aetna Life & Cas. Co., 441 A.2d 838 (Conn. 1982).
· cites it 2× “If timely written notice is furnished to the plaintiff, the defendant may offer evidence contradicting any allegation of the complaint.”
Hansted v. Safeco Ins. Co. of Am., 562 A.2d 1148 (Conn. App. Ct. 1989).
· cites it 2× “Thereafter, pursuant to Practice Book § 367 and General Statutes § 52-221, Hansted filed a notice of his intention to defend as to damages by presenting evidence that he had permission to drive Candella’s car, thereby entitling him to indemnification under Candella’s insurance…”
Catalina v. Nicolelli, 876 A.2d 588 (Conn. App. Ct. 2005).
· cites it 2× “” General Statutes § 52-221 (a) provides in relevant part: “In any hearing in damages upon default .”
Peterson v. Woldeyohannes, 961 A.2d 475 (Conn. App. Ct. 2008).
· cites it 2× “” This rule derives from General Statutes § 52-221 (a), the relevant portion of which mirrors, almost verbatim, the text of the rule.”
Culetsu v. Dix, 181 A.2d 116 (Conn. 1962).
· cites it 2× “General Statutes § 52-221. But the plaintiffs were still entitled to call him as a witness.”
Skyler Ltd. P'ship v. S.P. Douthett & Co., 557 A.2d 927 (Conn. App. Ct. 1989).
· cites it 2× “A defendant has ten days from the date of the entry of the default within which to file notice to the plaintiff of his intention to file defenses. See Practice Book §§ 368 and 369.”
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