In any action to foreclose or to discharge any mortgage or lien or to quiet title, or in any action upon any written contract, in which there is an appearance by an attorney for any defendant, the plaintiff may at any time file and serve in accordance with Sections 10-12 through 10-17 a written demand that such attorney present to the court, to become a part of the file in such case, a writing signed by the attorney stating whether he or she has reason to believe and does believe that there exists a bona fide defense to the plaintiff’s action and whether such defense will be made, together with a general statement of the nature or substance of such defense. If the defendant fails to disclose a defense within ten days of the filing of such demand in any action to foreclose a mortgage or lien or to quiet title, or in any action upon any written contract, the plaintiff may file a written motion that a default be entered against the defendant by reason of the failure of the defendant to disclose a defense. If no disclosure of defense has been filed, the judicial authority may order judgment upon default to be entered for the plaintiff at the time the motion is heard or thereafter, provided that in either event a separate motion for such judgment has been filed. The motions for default and for judgment upon default may be served and filed simultaneously but shall be separate motions.
Section 13-19.Disclosure of Defense
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceLets a plaintiff in a foreclosure, lien-discharge, quiet-title, or written-contract action demand that the defendant's attorney state in writing whether a bona fide defense exists, and seek a default if the defendant fails to disclose one.
Full Text of Section 13-19
Amendment History
(P.B. 1978-1997, Sec. 236.) (Amended June 22, 2009, to take effect Jan. 1, 2010; amended June 20, 2011, to take effect Jan. 1, 2012.)
Plain-English Summary
Section 13-19 applies in actions to foreclose or discharge a mortgage or lien, to quiet title, or on a written contract, where an attorney has appeared for a defendant. The plaintiff may file and serve a written demand that the defendant’s attorney present to the court a signed writing stating whether the attorney has reason to believe, and does believe, that a bona fide defense exists, whether that defense will be made, and a general statement of its nature or substance.
If the defendant fails to disclose a defense within ten days of the demand, the plaintiff may file a written motion for a default on that ground. If no disclosure of defense has been filed, the judicial authority may order judgment upon default at the time the motion is heard or afterward, provided a separate motion for judgment has also been filed. The motions for default and for judgment upon default may be served and filed together but must remain separate motions.
Frequently Asked Questions
What actions does the disclosure of defense rule apply to in Connecticut?
Section 13-19 applies to actions to foreclose or discharge a mortgage or lien, to quiet title, or on a written contract, where an attorney has appeared for a defendant.
How long does a defendant's attorney have to disclose a defense?
The defendant has ten days from the filing of the plaintiff’s written demand to disclose a bona fide defense before the plaintiff may move for a default.
What happens if a defendant never discloses a defense?
The plaintiff may move for a default, and if no disclosure of defense is on file, the judicial authority may order judgment upon default, provided a separate motion for judgment has also been filed.
Can the motions for default and for judgment be filed at the same time?
Yes. Section 13-19 allows them to be served and filed simultaneously, but they must remain separate motions.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 13-19). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: disclosure of defense Connecticutbona fide defense demand foreclosuredefault for failure to disclose defensequiet title disclosure of defense CTattorney statement of defense practice book