Section 17-43.Opening Judgment upon Default or Nonsuit

This section governs reopening a judgment or decree already rendered on a default or nonsuit. The written motion to open must be filed within four months following the date notice of the judgment was sent, and the judicial authority may reinstate the case on the docket on terms as to costs that it deems reasonable. The moving party must show either reasonable cause, or that a good cause of action or defense — in whole or in part — existed at the time judgment entered, and that the plaintiff or defendant was prevented from prosecuting or appearing by mistake, accident, or other reasonable cause. The motion must be verified by oath of the moving party or their attorney, must state in general terms the nature of the claim or defense, and must particularly set out the reason the party failed to appear. The judicial authority orders reasonable notice of the motion to the adverse party and may enjoin that party from enforcing the judgment or decree until the motion is decided.

When the judicial authority opens a nonsuit entered under Section 17-31, it may, as part of its order, extend the time for filing pleadings or disclosure. This is one of the most frequently used mechanisms for undoing a default or nonsuit judgment, but it comes with a hard four-month outer limit measured from when notice of the judgment was sent, not from the date of judgment itself.