Should it appear from the affidavits of a party opposing the motion that such party cannot, for reasons stated, present facts essential to justify opposition, the judicial authority may deny the motion for judgment or may order a continuance to permit affidavits to be obtained or discovery to be had or may make such other order as is just.
Section 17-47.—When Appropriate Documents Are Unavailable
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceThis rule lets a party opposing summary judgment who cannot yet present facts essential to its opposition ask the court for relief, and the court may deny the motion, grant a continuance for more affidavits or discovery, or issue another appropriate order.
Full Text of Section 17-47
Amendment History
(P.B. 1978-1997, Sec. 382.)
Plain-English Summary
Section 17-47 addresses what happens when the party opposing a summary judgment motion cannot, for stated reasons, present the facts it needs to oppose the motion. If that appears from the opposing party’s affidavits, the judicial authority has several options: it may deny the motion for judgment, order a continuance so the party can obtain affidavits or conduct discovery, or make such other order as is just.
Frequently Asked Questions
What can a party do if it lacks evidence to oppose summary judgment in Connecticut?
It can file an affidavit stating the reasons it cannot present essential facts, and the judicial authority may then deny the motion, order a continuance to allow affidavits or discovery, or make another just order.
Does the opposing party need to explain why it lacks the evidence?
Yes. The affidavit must state the reasons the party cannot present facts essential to justify its opposition.
Is a continuance guaranteed under this rule?
No. The judicial authority has discretion to deny the motion, grant a continuance for affidavits or discovery, or make another order it finds just.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 17-47). 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: continuance for discovery summary judgment CTunavailable evidence summary judgmentcannot obtain affidavit oppositiondelay summary judgment for discoveryConnecticut Rule 56(d) equivalent