Morales v. Medina

In Morales v. Medina, Superior Court, judicial district of Hartford, Docket No. 590718 (November 2, 1999), Judge Beach was presented with a very similar issue where the court had ordered that a contingent nonsuit would enter "unless [the] plaintiff [complied] with [the] defendant's request for interrogatories and production within 30 days." The court examined this issue in terms of the application of General Statutes 52-592, the accidental failure of suit statute, but made reference to the similar problem presented in calculating the time period for motions to open. The court stated that "while it may at first blush seem rather fatuous to require formal notice where, as in this case, the plaintiff ought to have actual knowledge of the situation, there is no other practical way of establishing a clearly defined modus operandi." Id.