(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.
Section 17-20.Motion for Default and Nonsuit for Failure To Appear
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceThis rule spells out how any party can move for a nonsuit or default when nobody has entered an appearance for another party within a set number of days after the return day, including special timing for certain older mortgage foreclosures and a required military affidavit statement.
Full Text of Section 17-20
(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 provisions 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.
Amendment 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.)
Plain-English Summary
Section 17-20 governs motions for default or nonsuit based on a party’s failure to appear. Under subsection (a), if no appearance has been entered for any party by the second day after the return day, any other party may move for a nonsuit or default for failure to appear. Subsection (b) carves out a longer window — fifteen days after the return day, or a court-ordered extension — for certain mortgage foreclosure actions commenced before July 1, 2014, involving owner-occupied one-to-four-family residential property or property owned by a religious organization within specified return-date windows.
Subsection (c) makes the moving party’s counsel responsible for serving the defaulting party with the motion, though the judicial authority may excuse this for good cause when judgment is rendered. Subsection (d) directs the clerk to act on a failure-to-appear default motion at least seven days after filing, without a short calendar hearing, and grants it automatically if no appearance has been filed; a default is set aside automatically if the party appears before judgment, and a claim for a hearing in damages cannot be filed until fifteen days after the default (except in the debt-collection sequence under Sections 17-23 through 17-30). Subsection (e) requires nonsuit motions for failure to appear to go on the short calendar, and the judicial authority may grant a proper motion without requiring the moving party to appear. Subsection (f) ties both types of motions to Sections 9-1 and 17-21, and requires the motion to state either that a military affidavit is attached or, with reasons, why one is not necessary.
Frequently Asked Questions
How soon can a party move for default or nonsuit for failure to appear in Connecticut?
Generally on or after the second day following the return day, if no appearance has been entered for the other party, except in the specified older foreclosure cases covered by subsection (b), which allow fifteen days or a court-extended deadline.
Does the clerk automatically grant a motion for default for failure to appear?
Yes. Under subsection (d), the clerk acts on the motion at least seven days after filing and must grant it if the party who is the subject of the motion has not filed an appearance.
Does filing an appearance after a default stop the case from proceeding?
If the defaulted party files an appearance before judgment after default is entered, the default is automatically set aside by operation of law under subsection (d).
Does every failure-to-appear motion need a military affidavit?
The motion must contain either a statement that a military affidavit is attached or a statement, with reasons, explaining why one is not necessary, as required by subsection (f) and Section 17-21.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 17-20). 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: motion for default failure to appear CTsecond day after return day defaultnonsuit short calendar Connecticutmortgage foreclosure appearance deadlinemilitary affidavit statement in motion