§ 52-99 — Untrue allegations or denials; costs.

Any allegation or denial made without reasonable cause and found untrue shall subject the party pleading the same to the payment of such reasonable expenses, to be taxed by the court, as may have been necessarily incurred by the other party by reason of such untrue pleading; provided no expenses for counsel fees shall be taxed exceeding five hundred dollars for any one offense.

Legislative History

(1949 Rev., S. 7821; P.A. 22-26, S. 43.) History: P.A. 22-26 replaced $10 with $500. General denial improper where part of claim is admittedly true. 67 C. 76. Pleader must not take totally inconsistent positions. 82 C. 592, but see 82 C. 623. Effect of violation of this rule; failure of other party to claim penalty; judgment is not invalidated. 99 C. 167. Expenses should be deducted where prevailing party has violated rule. 107 C. 494. One who violates rule not precluded from setting up own defenses in pleading. 124 C. 536. Cited. 218 C. 65. Statute didn't abrogate common law immunity against insurer's knowingly false communications in judicial proceedings as safeguards other than civil liability exist to deter misconduct and provide relief. 342 C. 582. Cited. 18 CA 344.