Connecticut Jury Instruction - 2.1 Punitive Damages In General
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FAQ
Ing to Connecticut Practice Book section 10-39(a)(1), you may want to file a Motion to Strike if you feel that any allegation or cause of action in the Complaint is not legally sufficient, or that the claim fall short of what is needed or required under the law for the court to grant relief.
What is it? A motion to strike is a motion we file directed at a certain document filed by the other party. Our motion attacks the appropriateness of the other party even attempting to file that document in your case.
A motion to strike challenges the legal sufficiency of a pleading, and, consequently, requires no factual findings by the trial court. ... [The court takes] the facts to be those alleged in the complaint ... and [construes] the complaint in the manner most favorable to sustaining its legal sufficiency. ...
C.C.P. § 436 allows for a motion to strike ?any irrelevant, false, or improper matter asserted in any pleading? or portion of a pleading ?not drawn of filed in conformity with the laws of this state.? A motion to strike is proper ?when a substantive defect is clear from the face of a complaint.? (PH II, Inc.
The burden of proof in regards to punitive damages is ?clear and convincing evidence.? This is a heightened standard of proof than the normal standard of ?preponderance of evidence.? Therefore, it takes more to be awarded punitive damages.
Duplicate names, along with the names of deceased individuals, permanently disabled individuals and anyone at least 70 years of age and older who chooses not to serve, are removed from the list. The lists are combined to form a single list of individuals from which jurors are randomly selected.
Primary tabs. A motion to strike is a request to a judge that part of a party's pleading or a piece of evidence be removed from the record. During the pleading stage, this can be accomplished by a tool such as Rule 12(f) of the Federal Rules of Civil Procedure or a state equivalent.
To defer your jury service, please visit our eResponse For Jurors with 10-digit CT Juror ID with leading zeros (0012345678) website to submit a deferral request. Otherwise, you may contact Jury Administration at 1-800-842-8175 Monday through Friday AM- PM or by email at Jury.Administration@jud.ct.gov.