Where either party is in default by reason of failure to comply with Sections 10-8, 10-35, 13-6 through 13-8, 13-9 through 13-11, the adverse party may file a written motion for a nonsuit or default or, where applicable, an order pursuant to Section 13-14. Except as otherwise provided in Sections 17-30 and 17-32, any such motion, after service upon each adverse party as provided by Sections 10-12 through 10-17 and with proof of service endorsed thereon, shall be filed with the clerk of the court in which the action is pending, and, unless the pleading in default be filed or the disclosure be made within ten days thereafter, the clerk shall, upon the filing of a short calendar claim by the moving party, place the motion on the next available short calendar list.
Section 17-31.Procedure where Party Is in Default
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceLets one party move for a nonsuit or default when the other party fails to comply with certain disclosure or pleading rules, and requires the clerk to calendar the motion if the default is not cured within ten days.
Full Text of Section 17-31
Amendment History
(P.B. 1978-1997, Sec. 363.)
Plain-English Summary
When a party is in default because it failed to comply with Sections 10-8, 10-35, 13-6 through 13-8, or 13-9 through 13-11, the adverse party may file a written motion for a nonsuit or default, or, where it applies, for an order under Section 13-14. This rule does not govern summary process actions or the situations covered by Section 17-32, since Sections 17-30 and 17-32 apply instead.
The motion must be served on each adverse party under Sections 10-12 through 10-17, with proof of service endorsed on it, and filed with the clerk of the court where the action is pending. If the pleading in default is not filed, or the required disclosure is not made, within ten days after that, the clerk places the motion on the next available short calendar list once the moving party files a short calendar claim.
Frequently Asked Questions
What triggers a motion for nonsuit or default under Section 17-31?
A party’s failure to comply with Sections 10-8, 10-35, 13-6 through 13-8, or 13-9 through 13-11 lets the adverse party file a written motion for a nonsuit or default, or an order under Section 13-14 where applicable.
How is the motion served and filed?
It must be served on each adverse party under Sections 10-12 through 10-17, with proof of service endorsed on the motion, and then filed with the clerk of the court where the action is pending.
How much time does the defaulting party have to cure before the motion is calendared?
Ten days from filing. If the pleading in default is not filed or the disclosure is not made within that time, the clerk places the motion on the next available short calendar list once a short calendar claim is filed.
Does Section 17-31 apply to summary process or Section 17-32 defaults?
No. Section 17-31 says it applies except as otherwise provided in Sections 17-30 and 17-32, which cover those situations separately.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 17-31). 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 nonsuit failure to comply CTdefault for failure to disclose Connecticutshort calendar default motion procedureparty in default practice book