Section 17-21.Defaults under Servicemembers Civil Relief Act
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceThis rule requires an affidavit in every case with a nonappearing defendant addressing military service status, and lays out protections — appointed counsel, a bond, and mandatory stays — for defendants who are in the military before a judgment can be entered against them.
(a)An affidavit must be filed in every case in which there is a nonappearing defendant, either
(1)stating that such defendant is in military service, within the meaning of the Servicemembers Civil Relief Act, or that the plaintiff is unable to determine whether or not such defendant is in such service, or (2) setting forth facts showing that such defendant is not in such service.
(b)If it appears that the defendant is in such service the judicial authority shall, and if it is undetermined whether the defendant is in such service or not the judicial authority may, appoint an attorney to represent such defendant before judgment is rendered. No such attorney shall have the power to waive any right of the person for whom he or she is appointed or to bind such person by his or her acts.
(c)Unless it appears that the defendant is not in such service, the judicial authority may require as a condition before judgment is rendered that the plaintiff file a bond approved by the judicial authority conditioned to indemnify the defendant, if in military service, against any loss or damage that such defendant may suffer by reason of any judgment should the judgment be thereafter set aside in whole or in part.
(d)If it appears that the defendant is in military service, the judicial authority shall grant a stay of proceedings for a minimum period of ninety days upon application of counsel or on the judicial authority’s own motion, if the judicial authority determines that: (1) there may be a defense to the action which cannot be presented without the defendant’s presence, or (2) counsel has been unable to contact the defendant or otherwise determine if a meritorious defense exists.
(e)If the defendant is in military service or is within ninety days after termination of or release from such service and has received notice of the proceedings, the following provisions apply. At any stage before final judgment the judicial authority may on its own motion and shall, upon application by the defendant, stay the action for a period of not less than ninety days if the application includes (1) a letter or other communication containing facts stating how current military duty requirements materially affect the defendant’s ability to appear and stating a date when the defendant will be able to appear, and (2) a letter or other communication from the defendant’s commanding officer stating that current military duty prevents appearance and that military leave is not authorized at the time of the letter.
(f)(1) A defendant who is granted a stay under subsection (e) may apply for an additional stay based on the continuing material effect of military duty on the defendant’s ability to appear. The application may be made at the time of the initial application or when it appears that the defendant is unable to appear to defend the action. The application shall include the same information required under subparagraphs (1) and (2) of subsection (e). (2) If the judicial authority denies the application for an additional stay, the judicial authority shall appoint counsel to represent the defendant.
(g)The findings made under the six preceding subsections shall be recited in the judgment.
(h)An application for a stay under this section does not constitute an appearance for jurisdictional purposes and does not constitute a waiver of any substantive or procedural defense.
Amendment History
(P.B. 1978-1997, Sec. 353.) (Amended June 20, 2005, to take effect Jan. 1, 2006.)
Plain-English Summary
Section 17-21 requires an affidavit in every case involving a nonappearing defendant, stating either that the defendant is in military service within the meaning of the Servicemembers Civil Relief Act, that the plaintiff cannot determine the defendant’s service status, or facts showing the defendant is not in such service. If the defendant is in military service, the judicial authority must appoint an attorney to represent the defendant before judgment; if the defendant’s status is undetermined, the judicial authority may do so. That appointed attorney cannot waive the defendant’s rights or bind the defendant by the attorney’s own acts. Unless it appears the defendant is not in service, the judicial authority may require the plaintiff to file a bond to indemnify the defendant against loss if the judgment is later set aside.
If the defendant is in military service, the judicial authority must grant a stay of at least ninety days on request or on its own motion if there may be a defense that cannot be presented without the defendant, or if counsel cannot contact the defendant or determine whether a meritorious defense exists. Separate provisions apply if the defendant is in service or within ninety days of leaving service and has received notice of the proceedings: the judicial authority must stay the action for at least ninety days upon the defendant’s application, supported by a letter describing how military duty affects the defendant’s ability to appear and a letter from the defendant’s commanding officer confirming that duty prevents appearance and that leave is unauthorized. A defendant may apply for an additional stay on the same grounds; if the judicial authority denies that additional stay, it must appoint counsel for the defendant. All findings under these subsections must be recited in the judgment, and applying for a stay does not itself count as an appearance or waive any defense.
Frequently Asked Questions
Is a military status affidavit required in every default case?
Yes. Section 17-21 requires an affidavit in every case with a nonappearing defendant, addressing whether the defendant is in military service, whether that status is unknown, or facts showing the defendant is not in service.
What happens if a defendant is in military service?
The judicial authority must appoint an attorney to represent the defendant before judgment, and that attorney cannot waive the defendant’s rights or bind the defendant by the attorney’s acts; the judicial authority must also grant at least a ninety-day stay under the circumstances described in the rule.
Can a servicemember defendant get more than one stay?
Yes. Under subsection (f), a defendant granted a stay may apply for an additional stay based on the continuing effect of military duty, supported by the same information required for the initial application.
Does asking for a military stay count as appearing in the case?
No. Subsection (h) states that an application for a stay does not constitute an appearance for jurisdictional purposes and does not waive any substantive or procedural defense.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 17-21). 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:Servicemembers Civil Relief Act default CTmilitary affidavit default judgmentstay of proceedings servicemember defendantappointed attorney military defendantnonappearing defendant military status affidavit