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General Assembly Raised Bill No. 1330
January Session, 2025
LCO No. 4679
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING AN ACCIDENTAL FAILURE TO FILE AN
ACTION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 52-592 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2025): 2
(a) If any action, commenced within the time limited by law, has 3
failed one or more times to be tried on its merits because of insufficient 4
service or return of the writ due to unavoidable accident or the default 5
or neglect of the officer to whom it was committed, or because the action 6
has been dismissed for want of jurisdiction, or the action has been 7
otherwise avoided or defeated by the death of a party or for any matter 8
of form; or if, in any such action after a verdict for the plaintiff, the 9
judgment has been set aside, or if a judgment of nonsuit has been 10
rendered or a judgment for the plaintiff reversed, the plaintiff, or, if the 11
plaintiff is dead and the action by law survives, his executor or 12
administrator, may commence a new action, except as provided in 13
subsection (b) of this section, for the same cause at any time within one 14
year after the determination of the original action or after the reversal of 15
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the judgment. For purposes of this section, receipt of the summons and 16
complaint by the defendant or the defendant's agent or representative, 17
including the defendant's insurer obligated to defend the action, shall 18
be sufficient, but not exclusive, means to constitute commencement of 19
the action. 20
(b) When any action has been brought against an executor or 21
administrator or continued against an executor or administrator after 22
the death of the defendant and has failed for any of the causes listed in 23
subsection (a) of this section, the plaintiff, or his executor or 24
administrator in case a cause of action survives, may commence a new 25
action within six months after the determination of the original action. 26
(c) If an appeal is had from any such judgment to the Supreme Court 27
or Appellate Court, the time the case is pending upon appeal shall be 28
excluded in computing the time as above limited. 29
(d) The provisions of this section shall apply to any defendant who 30
files a cross complaint in any action, and to any action between the same 31
parties or the legal representatives of either of them for the same cause 32
of action or subject of action brought to any court in this state, either 33
before dismissal of the original action and its affirmance or within one 34
year after the dismissal and affirmance, and to any action brought to the 35
United States circuit or district court for the district of Connecticut 36
which has been dismissed without trial upon its merits or because of 37
lack of jurisdiction in such court. If such action is within the jurisdiction 38
of any state court, the time for bringing the action to the state court shall 39
commence from the date of dismissal in the United States court, or, if an 40
appeal or writ of error has been taken from the dismissal, from the final 41
determination of the appeal or writ of error. 42
(e) The provisions of this section shall apply to any claim against the 43
state for which a notice of claim has been properly and timely filed with 44
the Office of the Claims Commissioner in accordance with sections 4-45
147 and 4-148 and which thereafter has been dismissed by the Office of 46
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the Claims Commissioner pursuant to section 4-142. 47
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2025 52-592
Statement of Purpose:
To provide that the receipt of a summons and complaint by the
defendant or the defendant's agent or representative, including the
defendant's insurer obligated to defend the action, shall be sufficient,
but not exclusive, means to constitute commencement of an action.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]