Section 17-4.Setting Aside or Opening Judgments

Section 17-4(a) is Connecticut’s core timing rule for reopening a civil judgment. Unless another law provides otherwise, or the court has continuing jurisdiction over the matter, a civil judgment or decree of the Superior Court cannot be opened or set aside unless a motion to open or set aside is filed within four months of the date notice of the judgment was sent. The parties can waive this four-month limit or otherwise submit to the court’s jurisdiction. Subsection (b) requires the moving party to pay the statutory filing fee when moving to open or set aside a civil judgment, other than a juvenile matter, unless the judicial authority has waived that fee.

Subsection (c) creates an expedited track for a plaintiff moving to open a foreclosure judgment, available when the filing fee has been paid, the motion is filed before title vests or the sale date, the plaintiff states that committee and appraisal fees have been or will be paid within thirty days of court approval, and the motion has been served under Sections 10-12 through 10-17 with proof of service endorsed on it. Other parties get five days from the filing to object, and the motion is heard no less than seven days after it was filed unless the judicial authority orders otherwise — or the court may grant it without a hearing if the plaintiff states all appearing parties have actual notice and agree. The court keeps jurisdiction to award committee, appraisal, and related expenses, and if judgment is not entered or the case is not withdrawn within 120 days of granting the motion, the judicial authority must enter a judgment of dismissal.