(a) In any hearing in damages upon default suffered or after demurrer overruled, the defendant shall not be permitted to offer evidence to contradict any allegations in the plaintiff's complaint, except such as relate to the amount of damage, unless he has given notice to the plaintiff of his intention to contradict such allegations and of the subject matter which he intends to contradict, nor shall the defendant be permitted to deny the right of the plaintiff to maintain the action, nor shall he be permitted to prove any matter of defense, unless he has given written notice to the plaintiff of his intention to deny such right or to prove such matter of defense.

(b) The judges of the Supreme Court shall make such rules as to the manner of filing such notices and as to the form thereof as they deem advisable.

(1949 Rev., S. 7957, 7958; 1957, P.A. 651, S. 31; P.A. 82-160, S. 109.)

History: P.A. 82-160 inserted Subsec. indicators and substituted “the” for “such” in Subsec. (a).

Prescribes a mere rule of procedure and affects pending suits. 70 C. 564; 71 C. 617. Defense of res judicata is available under statute. 71 C. 489. Statute overrides conflicting rules, and the required notice is essential to the introduction of evidence. Id., 621. Cited. 72 C. 79; 73 C. 687; 138 C. 35. Nature of proceedings. 69 C. 556; 75 C. 76; 78 C. 289. Nature and sufficiency of notice. 73 C. 338; 75 C. 481; 77 C. 110. Hearing virtually a trial. 78 C. 289. Notice may be filed though demurrer is pending. 77 C. 110. Allowing amendment to complaint after hearing. 69 C. 556. Judgment for nominal damages as judgment for defendant. 72 C. 388. Default as waiving defects in pleading; 73 C. 428; 75 C. 76; 77 C. 358; 77 C. 501; 78 C. 48; 78 C. 289; as admitting allegations of complaint. 68 C. 345; 69 C. 556; 72 C. 74; 77 C. 435; 78 C. 318; 86 C. 308; 100 C. 313. Burden of proof. 68 C. 345; 70 C. 54; 71 C. 632; 72 C. 74; Id., 397; 73 C. 203; Id., 453; Id., 680; 75 C. 289; Id., 481; 76 C. 317; 77 C. 145; Id., 358; 78 C. 318; Id., 617; Id., 709; 80 C. 470; 81 C. 432. Notice must set out fellow servant doctrine as defense. 77 C. 358. Proving invalidity of release set up in defense, without pleading. 81 C. 423. Liability of defendant not in issue unless notice of intent to contest liability has been given. 138 C. 29. Defendant who suffers a default is entitled to a hearing in damages in accordance with the statutes and rules of the court; hearing in damages held 10 days after the return day was premature. 148 C. 435. While defaulted defendant called as witness could not disclaim his liability, he could nevertheless be so called by plaintiffs under Sec. 52-178. 149 C. 459. Supreme Court refused to consider issue raised for first time in appeal brief that judgment was rendered after hearing immediately following order of default; appeals court not required to consider errors which are not assigned or pass on questions not ruled on by trial court. 156 C. 6. Cited. 159 C. 355; 195 C. 191.

Cited. 6 CA 390; 9 CA 1; 18 CA 245; 19 CA 515.