(a) Where a defendant is in default for failure to plead pursuant to Section 10-8, the plaintiff may file a written motion for default which shall be acted on by the clerk not less than seven days from the filing of the motion, without placement on the short calendar.
Section 17-32.Where Defendant Is in Default for Failure To Plead
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceLets a plaintiff obtain a default against a defendant who has appeared but failed to plead within the required time, and sets out when that default is automatically set aside versus when only the court can lift it.
Full Text of Section 17-32
(b) If a party who has been defaulted under this section files an answer before a judgment after default has been rendered by the judicial authority, the default shall automatically be set aside by operation of law unless a claim for a hearing in damages or a motion for judgment has been filed. If a claim for a hearing in damages or a motion for judgment has been filed, the default may be set aside only by the judicial authority. A claim for a hearing in damages or motion for judgment shall not be filed before the expiration of fifteen days from the date of notice of issuance of the default under this subsection. (P.B. 1978-1997, Sec. 363A.)
Amendment History
(Amended June 21, 2010, to take effect Jan. 1, 2011; amended on an interim basis pursuant to Section 1-9 (c) on June 12, 2015, to take effect Aug. 1, 2015; amended June 24, 2016, to take effect Jan. 1, 2017.)
Plain-English Summary
Rule 17-32 governs defaults for failure to plead. When a defendant is in default under Section 10-8 for not filing a required pleading, the plaintiff may file a written motion for default. The clerk acts on that motion without a short calendar hearing, but must wait at least seven days after the motion is filed before ruling on it.
If the defaulted party files an answer before the judicial authority renders judgment after default, the default is set aside automatically — but only if no claim for a hearing in damages or motion for judgment has already been filed. Once either of those has been filed, only the judicial authority can set the default aside. And neither a claim for a hearing in damages nor a motion for judgment may be filed until fifteen days have passed from the date notice of the default issued.
Frequently Asked Questions
What happens if I file my answer after being defaulted for failure to plead?
If no claim for a hearing in damages or motion for judgment has been filed yet, the default is set aside automatically once you file your answer. If one has already been filed, you need the judicial authority to set the default aside.
How long does the clerk have to wait before acting on a motion for default?
The clerk must wait at least seven days from the filing of the motion before acting on it, and the motion is not placed on the short calendar.
How soon can the plaintiff seek a hearing in damages after a default for failure to plead?
The plaintiff must wait at least fifteen days from the date notice of the default issued before filing a claim for a hearing in damages or a motion for judgment.
Does filing an answer always undo a default for failure to plead?
No. It only undoes the default automatically if the plaintiff has not yet filed a claim for a hearing in damages or a motion for judgment. Otherwise, the court decides whether to set it aside.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 17-32). 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
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