Section 23-49.—Pleadings in Mandamus

Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026

In one sentenceThis section spells out how a mandamus defendant responds to the complaint, allowing a proper motion, a motion to strike, or an answer-style return, with pleading in a pending-action motion set by the judicial authority.

Full Text of Section 23-49

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The defendant may file any proper motion directed to the allegations of the complaint, or, desiring to attack their legal sufficiency in law, a motion to strike, or a return in the form of an answer, and further pleadings shall continue as in civil actions until issues are joined, provided that, where an application for an order is made in a pending action, the extent to which and the time in which the respondent may plead shall be as directed by the judicial authority.

End

Amendment History

(P.B. 1978-1997, Sec. 545.)

Plain-English Summary

Once a mandamus complaint is filed, the defendant has several ways to respond. The defendant can file any proper motion directed at the allegations, or, to challenge their legal sufficiency, a motion to strike. Alternatively, the defendant can file a return in the form of an answer. From there, pleading continues as it would in an ordinary civil action until the issues are joined. When the mandamus relief was instead sought by motion within a pending action, the judicial authority decides how much and how quickly the respondent may plead.

Frequently Asked Questions

How does a defendant respond to a mandamus complaint?

The defendant may file a proper motion, a motion to strike challenging the legal sufficiency of the allegations, or a return in the form of an answer.

Does pleading in a mandamus case work like a regular civil case?

Yes, once issues are joined, further pleadings continue as in ordinary civil actions.

What happens when mandamus relief is sought by motion in a pending action instead of a new complaint?

The judicial authority directs the extent and timing of the respondent's pleading in that situation.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 23-49). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source

Also known as: mandamus answer Connecticutmotion to strike mandamus complaintpleading in mandamus actionmandamus defendant response