If the plaintiff, in any action returned to court and entered in the docket, does not, on or before the opening of the court on the second day thereof, appear by himself or attorney to prosecute such action, he shall be nonsuited, in which case the defendant, if he appears, shall recover costs from the plaintiff. The plaintiff may withdraw any action so returned to and entered in the docket of any court, before the commencement of a hearing on the merits thereof. After the commencement of a hearing on an issue of fact in any such action, the plaintiff may withdraw such action, or any other party thereto may withdraw any cross complaint or counterclaim filed therein by him, only by leave of court for cause shown.
Conn. Gen. Stat. § 52-80
Nonsuits and withdrawals; costs
Applied in 3 court decisions — leading case 451 F. Supp. 210 - Aristocrat Health Club of Hartford, Inc. v. Chaucer (1978)
Most recently applied in Mag v. Jdl Management Services, No. Cv X01 0165231 S (Oct. 17, 2002) (October 2002)
(1949 Rev., S. 7801.)
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Connecticut General Assembly. Reproduced from public-domain Connecticut statutes; confirm against the official source for the current text. Not legal advice.