(a) In any hearing in damages upon default, the defendant shall not be permitted to offer evidence to contradict any allegations in the plaintiff’s complaint, except such as relate to the amount of damages, unless notice has been given to the plaintiff of the intention to contradict such allegations and of the subject matter which the defendant intends to contradict, nor shall the defendant be permitted to deny the right of the plaintiff to maintain such action, nor shall the defendant be permitted to prove any matter of defense, unless written notice has been given to the plaintiff of the intention to deny such right or to prove such matter of defense.
Section 17-34.Hearings in Damages; Notice of Defenses
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceLimits what a defaulted defendant can contest at a hearing in damages, requiring advance notice before the defendant may dispute liability-related allegations, deny the plaintiff's right to sue, or raise any matter of defense.
Full Text of Section 17-34
(b) This notice shall apply to defaults entered on all claims, counterclaims, cross claims, and other claims for affirmative relief. (See General Statutes § 52-221 and annotations.)
Amendment History
(P.B. 1978-1997, Sec. 367.)
Plain-English Summary
Rule 17-34 governs hearings in damages held after a default. At such a hearing, the defendant cannot offer evidence to contradict the allegations in the plaintiff’s complaint — except allegations about the amount of damages — unless the defendant has given the plaintiff notice of the intent to contradict those allegations and identified the subject matter to be contradicted. The defendant likewise cannot deny the plaintiff’s right to maintain the action, or prove any matter of defense, without first giving the plaintiff written notice of that intention.
This notice requirement applies broadly: it covers defaults entered on all claims, counterclaims, cross claims, and other claims for affirmative relief, not just the plaintiff’s original complaint.
Frequently Asked Questions
Can a defaulted defendant contest liability at a hearing in damages?
Only the amount of damages may be contested without notice. To contradict any other allegation in the complaint, deny the plaintiff’s right to sue, or raise a defense, the defendant must first give the plaintiff notice of that intention.
What kind of notice does a defaulted defendant need to give before raising a defense?
Written notice to the plaintiff of the intention to deny the plaintiff’s right to maintain the action or to prove a matter of defense.
Does this notice requirement apply to counterclaims?
Yes. It applies to defaults entered on all claims, counterclaims, cross claims, and other claims for affirmative relief.
Why does a hearing in damages happen after a default?
A default already establishes the defendant’s liability, so the hearing in damages exists to determine how much the defendant owes, with the defendant’s ability to contest anything beyond that amount limited by this rule.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 17-34). 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: hearing in damages Connecticutnotice of defenses after defaultcontradicting allegations at hearing in damagesdefendant rights after default CTdenying right to sue after default