Motion for Leave to Amend Complaint or Pleadings in Connecticut

What Is a Motion for Leave to Amend Complaint or Pleadings?

Background

C.G.S.A. § 52-72, allows “proper amendment to civil process which is for any reason defective,” and provides that once such amended process is served, it “shall have the same effect ... as if originally proper in form.” (See Presidential Village, LLC v. Phillips (2017) 325 Conn. 394, 416 [holding that summary process actions are “civil actions”.])

General Information for Complaints and Motions

“The granting or denial of a motion to amend the pleadings is a matter within the trial court's discretion.... In the interest of justice courts are liberal in permitting amendments; unless there is a sound reason,refusal to allow an amendment is an abuse of discretion....” (Ocwen Loan Servicing, LLC v. Mordecai, AC 43295, at *8-9 [Conn. App. Ct. Dec. 28, 2021].)

“The trial court is in the best position to assess the burden which an amendment would impose on the opposing party in light of the facts of the particular case.” (Id.)

“The essential tests are whether the ruling of the court will work an injustice to either the plaintiff or the defendant and whether the granting of the motion will unduly delay a trial.” (Id., quoting Baker v. Cordisco (1995) 37 Conn.App. 515, 522-23.)

Standard of Review and Burdens of Proof

“In determining whether there has been an abuse of discretion [in granting or denying an amendment], much depends on the circumstances of each case.... In the final analysis, the court will allow an amendment unless it will cause an unreasonable delay, mislead the opposing party, take unfair advantage of the opposing party or confuse the issues, or if there has been negligence or laches attaching to the offering party.” (Miller v. Fishman (2007) 102 Conn.App. 286, 293, cert. denied, 285 Conn 905, 942 A.2d 414 [2008]; Ocwen Loan Servicing, LLC v. Mordecai, AC 43295, at *9 [Conn. App. Ct. Dec. 28, 2021].)

“In exercising its discretion with reference to a motion for leave to amend, a court should ordinarily be guided by its determination of the question whether the greater injustice will be done to the mover by denying him his day in court on the subject matter of the proposed amendment or to his adversary by granting the motion, with the resultant delay.” (Jacob v. Dometic Origo AB (2007) 100 Conn.App. 107, 113.)

The Court’s Decision

The law of this state favors courts allowing amendments in the absence of some sound basis for not doing so; particularly if the record fails to disclose some significant injustice or prejudice to the nonmoving party. (Jacob, id., at 114; see also Conference Center Ltd. v. TRC (1983) 189 Conn. 212, 216-17 [“a trial court may be well-advised to exercise leniency when amendments are proffered in response to a motion for summary judgment, rather than on the eve of trial.”])

“A trial court may allow, in its discretion, an amendment to pleadings before, during, or after trial to conform to the proof.” (Wilburn v. Mount Sinai Medical Center (1985) 3 Conn. App. 284, 287.) “Factors to be considered in passing on a motion to amend are the length of the delay, fairness to the opposing parties and the negligence, if any, of the party offering the amendment.” Wagner v. Clark Equipment Co. (2002) 259 Conn. 114, 128; Franc v. Bethel Holding Co. (2002) 73 Conn. App. 114, 132)

Documents for Motion for Leave to Amend Complaint or Pleadings in Connecticut

Sort By

DECCAN VALUE LLC Et Al v. MALIK, JOHN I. document preview

AMENDED COMPLAINT THIRD AMENDED COMPLAINT

152 pages

DOCKET NO. FST-CV21-6052725-S : SUPERIOR COURT : DECCAN VALUE LLC, DECCAN VALUE : JUDICIAL DISTRICT OF STAMFORD- INVESTORS GP LLC, DECCAN VALUE : NORWALK AT STAMFORD INVESTORS L.P., and VINIT BODAS : : v. : …