Rule 10-60. Amendment by Consent, Order of Judicial Authority, or Failure To Object

(a) Except as provided in Section 10-66, a party may amend his or her pleadings or other parts of the record or proceedings at any time subsequent to that stated in the preceding section in the following manner:

(1) By order of judicial authority; or

(2) By written consent of the adverse party; or

(3) By filing a request for leave to file an amendment together with the amended pleading or other parts of the record or proceedings. The party shall file the request and accompanying documents after service upon each party as provided by Sections 10-12 through 10-17, and with proof of service endorsed thereon. If no party files an objection to the request within fifteen days from the date it is filed, the amendment shall be deemed to have been filed by consent of the adverse party. If an opposing party shall have objection to any part of such request or the amendment appended thereto, such objection in writing specifying the particular paragraph or paragraphs to which there is objection and the reasons therefor, shall, after service upon each party as provided by Sections 10-12 through 10-17 and with proof of service endorsed thereon, be filed with the clerk within the time specified above and placed upon the next short calendar list.

(b) Any amended pleading or other part of the record or proceedings filed pursuant to this section or accompanying a request for leave to file an amendment pursuant to this section shall be accompanied by a separate document showing the amendments to the original pleading or other parts of the record or proceedings being amended by using underlining to indicate new language and by using either brackets or strikethrough to indicate deleted language.

(c) The judicial authority may restrain such amendments so far as may be necessary to compel the parties to join issue in a reasonable time for trial. If the amendment occasions delay in the trial or inconvenience to the other party, the judicial authority may award costs in its discretion in favor of the other party. For the purposes of this rule, a substituted pleading shall be considered an amendment. (See General Statutes § 52-130 and annotations.)

Committee Notes

(P.B. 1978-1997, Sec. 176.) (Amended June 24, 2016, to take effect Jan. 1, 2017; amended June 11, 2021, to take effect Jan. 1, 2022.)