Sec. 52-82. Withdrawal when court not in session or before return day. - Connecticut Statutes

      Sec. 52-82. Withdrawal when court not in session or before return day. The plaintiff may withdraw a civil action when the Superior Court is not in session or at any time before the return day, by filing in the clerk's office a written notice of the withdrawal, signed by himself or his attorney, specifying the action withdrawn and the time of withdrawal. The clerk shall enter the action on the docket of the court, at or before its next return day, with a note of the withdrawal and of its date.

      (1949 Rev., S. 7803; 1967, P.A. 656, S. 37; P.A. 76-436, S. 402, 681; P.A. 82-160, S. 31.)

      History: 1967 act substituted "when the court is not sitting" for reference to court's being "in vacation"; P.A. 76-436 removed actions returnable to court of common pleas from purview of section, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 rephrased the section.

      A suit before a justice of the peace cannot be withdrawn before it is returned. 29 C. 519. See notes to sections 52-80 and 52-81. Cited. 123 C. 168.