Connecticut Law About Death of a Party in a Civil Action

Connecticut Law About Death of a Party in a Civil Action
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Research Guides and Information

Connecticut General Statutes

Office of Legislative Research Reports:

· Procedures Following Death of a Civil Defendant - 2002-R-0181
You asked what procedures must be followed when a civil defendant dies, what duties the administrator or executor has, and whether there is a time frame for substituting the decedent's estate for the decedent in the lawsuit.

Library Materials

2 Joel M. Kaye & Wayne D. Effron, Connecticut Practice Series, Civil Practice Forms, 4th ed. (2004).
- Form 106.8. Motion of administrator or executor to be substituted as party
- Form 106.9. Motion to substitute administrator or executor as party

You can search the online catalog for other available materials or contact us.

Selected statutes:

Chapter 927 – Survival of Actions

· Sec. 52-599. Survival of cause of action. Continuation by or against executor or administrator.

· Sec. 52-600. Death of coplaintiff or codefendant.

· Sec. 52-601. Entry by successor of deceased executor or administrator.

· Sec. 52-602. Entry by successor of public officer or trustee.

· Sec. 52-603. Action by successor of public officer.

Chapter 926 – Statute of Limitations

· Sec. 52-592. Accidental failure of suit; allowance of new action.

Chapter 897 – Parties and Appearances

· Sec. 52-78. Joinder of executor or administrator for a deceased joint contractor.

Click on the following link to search the full-text of the statutes: http://search.cga.state.ct.us/r/statute/dtsearch_form.asp

Connecticut Practice Book

Selected court rules:

Chapter 9 – Parties

· Sec. 9-12. Personal Representatives of [deceased] Co-contractor

· Sec. 9-22. Motion to Cite in New Parties

Chapter 11 – Motions, Request, Orders of Notice, and Short Calendar

· Sec. 11-10. Requirement that Memorandum of Law Be Filed with Certain Motions

Chapter 62 – Chief Judge, Appellate Clerk and Docket: General Administrative Matters

· Sec. 62-5. Changes in Parties

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