Section 17-19.Procedure where Party Fails To Comply with Order of Judicial Authority or To Appear for Trial
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
Full Text of Section 17-19
Amendment History
(P.B. 1978-1997, Sec. 351.)
Plain-English Summary
Section 17-19 sets out the basic power behind every default and nonsuit in this chapter. If a party will not follow an order from the judicial authority, will not answer a citation to appear, or fails to show up for trial — without a proper excuse — the judicial authority may nonsuit or default that party. A nonsuit is entered against a plaintiff who has stopped moving the case forward; a default is entered against a defendant who has stopped defending it.
The rule itself is short and general. It does not set deadlines, describe motion procedure, or list required paperwork — those details come from the sections that follow, including Sections 17-20 through 17-32, which spell out how a nonsuit or default for failure to appear gets entered.
Frequently Asked Questions
What is the difference between a nonsuit and a default under this rule?
A nonsuit is entered against a plaintiff and a default is entered against a defendant, both for failing to comply with a court order or citation to appear, or for failing without a proper excuse to appear for trial.
Does Section 17-19 say how a nonsuit or default gets entered?
No. Section 17-19 states the general authority to nonsuit or default a noncompliant or absent party; the procedure and timing come from later sections such as Section 17-20.
What counts as a proper excuse for missing trial?
The text does not define what qualifies as a proper excuse; it leaves that determination to the judicial authority hearing the case.