Section 4-61dd

Citation: Section 4-61dd
Parent Document: Commissioner of Mental Health & Addiction Services v. Saeedi, 143 Conn. App. 839 (2013)
Jurisdiction: Connecticut (state)
Effective Date: 2013-07-09
Original Source: https://www.courtlistener.com/opinion/7915192/commissioner-of-mental-health-a... ↗

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“The interpretation of the requirements of the rules of practice presents a question of law, over which our review is plenary.” Cue Associates, LLC v. Cast Iron Associates, LLC, 111 Conn. App. 107, 111, 958 A.2d 772 (2008). “Practice Book § 10-50 provides that [f]acts which are consistent with [the claimant’s allegations] but show, notwithstanding, that the plaintiff has no cause of action, must be specially alleged. Thus . . . *854the statute of limitations . . . must be specially pleaded .... The fundamental purpose of a special defense, like other pleadings, is to apprise the court and opposing counsel of the issues to be tried, so that basic issues are not concealed until the trial is underway.” (Internal quotation marks omitted.) Martino v. Soalzo, 113 Conn. App. 240, 245, 966 A.2d 339, cert. denied, 293 Conn. 904, 976 A.2d 705 (2009). It follows, therefore, that “[wjhere a particular statute of limitations ... is not jurisdictional and has not been pleaded, [the opposing party] is entitled to conclude that it was waived.” (Emphasis omitted; internal quotation marks omitted.) Id., 247.

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