Section 52-138 – Amendment calling for legal relief; jury trial

May 11, 2021 | Civil Procedure, Connecticut

If any complaint is so amended as to call for legal instead of equitable relief, the court shall not proceed to judgment until the defendant has had a reasonable opportunity to put the issue or issues, on which the new claim for relief may be based, on the jury docket.

Conn. Gen. Stat. ยง 52-138

(1949 Rev., S. 7859.)

Amendment merely changing date does not give further time in which to claim jury trial. 76 Conn. 680; 95 C. 576. Court may in its discretion allow the filing of amendments to pleadings before, during and after trial. 135 Conn. 170.