CT · rules
Conn. Practice Book § 85-1
Lack of Diligence in Prosecuting
or Defending Appeal
If a party shall fail to prosecute an appeal with
proper diligence, the court may dismiss the appeal
with costs. If a party shall fail to defend against
an appeal with proper diligence, the court may
set aside in whole or in part the judgment under
attack, with costs, and direct the entry of an appropriate final judgment by the trial court against the
party guilty of the failure. If that party is a defendant in the action, the directed judgment may be
in the nature of a judgment by default for such
amount as may, upon a hearing in damages, be
found to be due. If that party is a plaintiff in the
action, the directed judgment may be one dismissing the action as to that plaintiff, and the judgment
shall operate as an adjudication upon the merits.
The statutory provisions regarding the opening of
judgments of nonsuit and by default shall not apply
to a judgment directed under the provisions of
this rule.
History
(P.B. 1978-1997, Sec. 4184A.)
Provenance
- Source
- jud.ct.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
58b47663409f1b4a4603cd6aa61bf8933d2c7355c8eab9d581e42ea513ca66fb
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