Sec. 52-120. Pleading filed by consent after expiration of time.
Sec. 52-120. Pleading filed by consent after expiration of time. (a) Whenever
any party or parties to a civil action, or his or their attorney, desires to file any pleading
or amendment to any pleading which might properly be filed except for the fact that
according to the rules of court the time within which the pleading or amendment may
be filed has passed, the pleading or amendment may be filed with the clerk of the court,
without an order of the court and without penalty, if the party or parties, or his or their
attorney, obtains the written consent of the adverse party or parties or his or their attorney
to the filing.
(b) Upon the filing of the written consent and the pleading or amendment with the
clerk of the court, the pleading or amendment shall become in all respects a proper
pleading for the consideration of the court, as though filed within the time prescribed
by the rules of court.
(1949 Rev., S. 7842; P.A. 82-160, S. 49.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.
Cited. 8 CS 510.