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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Section 47a-21

Citation
Section 47a-21
Parent Document
Johnson v. Mazza, 80 Conn. App. 155 (2003)
Jurisdiction
Connecticut (state)
Effective Date
2003-11-11

Full Text

645 chars
We recognize that Practice Book § 10-44 permits a party to file a new pleading within fifteen days after a motion to strike has been granted, which the plaintiff failed to do. Although there is no case law requiring a party to replead after a motion to strike has been granted, in this instance, even if the plaintiff were required to file a new pleading after the complaint was stricken, he would not have had to do so in this case. “[T]he law does not require the performance of a futile act.” (Internal quotation marks omitted.) Barber v. *163Jacobs, 58 Conn. App. 330, 336, 753 A.2d 430, cert. denied, 254 Conn. 920, 759 A.2d 1023 (2000). II