Q: If an attorney states he withdraws allegations from a complaint at trial, does he have to file a new complaint
A: It depends on whether the defendant was not prejudiced in maintaining its defense, surprised by the plaintiff's proof, or misled by the allegations in the complaint.
Generally, a "plaintiff cannot recover for something that was not specifically set out in [its] complaint." Sampiere v. Zaretsky, 26 Conn. App. 490, 493, 602 A.2d 1037, 1038 (1992). However, Connecticut courts construe pleadings broadly and realistically, rather than narrowly and technically. See Dornfried v. October Twenty-Four, Inc., 230 Conn. 622, 629, 646 A.2d 772 (1994) (quoting Boone v. William W. Backus Hosp., 272 Conn. 551, 559-60, 864 A.2d 1, 10 (2005)). Because the primary purpose of a complaint is to put the court and the defendant on notice of the claims and relief sought by the plaintiff, any "variance" between the facts alleged in the complaint and the evidence adduced at trial will be permitted so long as the variance "does not change the theory of the cause of action and if the [opposing] party . . . was, at all times, in a position to know the true state of the facts." A. v. Giordano Co. v. Am. Diamond Exch., Inc., 31 Conn. App. 163, 168, 623 A.2d 1048, 1051 (1993) (citation omitted).
The above information is intended for informational purposes only, and should not be used as legal advice applicable to the reader’s specific situation. The provision of this information to the reader in no way constitutes an attorney-client relationship.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.