CT · rules
Conn. Practice Book § 17-20
Motion for Default and Nonsuit
for Failure To Appear
(a) Except as provided in subsection (b), if no
appearance has been entered for any party to any
action on or before the second day following the
return day, any other party to the action may make
a motion that a nonsuit or default be entered for
failure to appear.
(b) In an action commenced by a mortgagee
prior to July 1, 2014, for the foreclosure of (1) a
mortgage on residential real property consisting
of a one to four-family dwelling occupied as the
primary residence of the mortgagor, with a return
date on or after July 1, 2008, or (2) a mortgage
on real property owned by a religious organization
with a return date during the period from October
1, 2011, to June 30, 2014, inclusive, if no appearance has been entered for the mortgagor on or
before the fifteenth day after the return day or,
if the court has extended the time for filing an
appearance and no appearance has been entered
on or before the date ordered by the court, any
other party to the action may make a motion that
a default be entered for failure to appear.
(c) It shall be the responsibility of counsel filing
a motion for default for failure to appear to serve
the defaulting party with a copy of the motion.
Service and proof thereof may be made in accordance with Sections 10-12, 10-13 and 10-14. Upon
good cause shown, the judicial authority may dispense with this requirement when judgment is
rendered.
(d) Except as provided in Sections 17-23 through
17-30, motions for default for failure to appear
shall be acted on by the clerk not less than seven
days from the filing of the motion and shall not be
printed on the short calendar. The motion shall
be granted by the clerk if the party who is the
subject of the motion has not filed an appearance.
The provisions of Section 17-21 shall not apply
to such motions, but such provisions shall be complied with before a judgment may be entered after
default. If the defaulted party files an appearance
in the action prior to the entry of judgment after
default, the default shall automatically be set aside
by operation of law. A claim for a hearing in damages shall not be filed before the expiration of
fifteen days from the entry of a default under this
subsection, except as provided in Sections 17-23
through 17-30.
(e) A motion for nonsuit for failure to appear
shall be placed on the short calendar. If it is proper
to grant the motion, the judicial authority shall
grant it without the need for the moving party to
appear at the short calendar.
(f) The granting of a motion for nonsuit for failure
to appear or a motion for judgment after default
for failure to appear shall be subject to the provi -
sions of Sections 9-1 and 17-21. Such motion
shall contain either (1) a statement that a military
affidavit is attached thereto or (2) a statement,
with reasons therefor, that it is not necessary to
attach a military affidavit to the motion.
History
(P.B. 1978-1997, Sec. 352.) (Amended June 21, 2004, to take effect Jan. 1, 2005; amended June 22, 2009, to take effect Jan. 1, 2010; amended June 21, 2010, to take effect Jan. 1, 2011; amended June 20, 2011, to take effect Jan. 1, 2012; amended June 15, 2012, to take effect Jan. 1, 2013.)
Provenance
- Source
- jud.ct.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
5572fdb79fb1e95e380e9d1bd1a0a24cf17d2605b3f42a281aa7857af1f626af
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