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Section 17-42.Opening Defaults where Judgment Has Not Been Rendered

Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026

In one sentenceBefore judgment has been rendered, a judicial authority may set aside a default for good cause shown, on whatever terms it imposes, and may extend filing deadlines for a party who wasn’t negligent.

Full Text of Section 17-42

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A motion to set aside a default where no judgment has been rendered may be granted by the judicial authority for good cause shown upon such terms as it may impose. As part of its order, the judicial authority may extend the time for filing pleadings or disclosure in favor of a party who has not been negligent. Certain defaults may be set aside by the clerk pursuant to Sections 17-20 and 17-32.

Amendment History

(P.B. 1978-1997, Sec. 376.)

Plain-English Summary

This section covers opening a default before any judgment has entered. The judicial authority may grant a motion to set aside the default if the moving party shows good cause, and it can attach conditions to that relief. As part of the order, the court may also extend the time for filing pleadings or making disclosure, but only in favor of a party who has not been negligent. The section notes that certain defaults — those entered under Sections 17-20 and 17-32 — may instead be set aside directly by the clerk rather than requiring a motion decided by the judicial authority.

Frequently Asked Questions

What standard applies to opening a default before judgment is rendered?

The judicial authority may grant the motion for good cause shown, and it may impose terms as a condition of granting relief.

Can the court extend deadlines when it opens a default?

Yes, but only in favor of a party who has not been negligent, and only as part of the order setting aside the default.

Does every default require a motion to the judicial authority to open it?

No. Certain defaults entered under Sections 17-20 and 17-32 may be set aside directly by the clerk instead.

How is this different from opening a default judgment?

Section 17-42 applies before judgment has been rendered; opening a default judgment that has already entered is governed instead by Section 17-43.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 17-42). 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: opening default before judgment CTset aside default good causeextend pleading deadline after defaultclerk setting aside default