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Section 17-53.Summary Process Executions

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

In one sentenceSets the hearing and affidavit procedure a landlord must follow to get a summary process execution when a tenant violates a stipulated judgment or a judgment with an extended stay.

Full Text of Section 17-53

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Whenever a summary process execution is requested because of a violation of a term in a judgment by stipulation or a judgment with a stay of execution beyond the statutory stay, a hearing shall be required. If the violation consists of nonpayment of a sum certain, an affidavit with service certified in accordance with Sections 10-12 through 10-17 shall be accepted in lieu of a hearing unless an objection to the execution is filed by the defendant prior to the issuance of the execution. The execution shall issue on the third business day after the filing of the affidavit. An affidavit asserting nonpayment of a sum certain that is sent to the court either electronically or is hand-delivered to the court shall be deemed to be filed on the third business day following such delivery unless the party filing the affidavit certifies that the affidavit has also been sent electronically or hand-delivered on the same day to all opposing parties or their counsel.

Amendment History

(P.B. 1978-1997, Sec. 387A.) (Amended June 26, 2000, to take effect Jan. 1, 2001; amended June 25, 2001, to take effect Jan. 1, 2002; amended June 12, 2015, to take effect Jan. 1, 2016.)

Plain-English Summary

When someone requests a summary process execution because of a violation of a term in a judgment by stipulation, or a judgment carrying a stay of execution beyond the statutory stay, a hearing is required. If the alleged violation is nonpayment of a sum certain, an affidavit — with service certified under Sections 10-12 through 10-17 — can substitute for a hearing, unless the defendant files an objection to the execution before it issues.

Where no objection is filed, the execution issues on the third business day after the affidavit is filed. An affidavit sent electronically or hand-delivered to the court is deemed filed on the third business day after delivery, unless the filing party certifies that the affidavit was also sent electronically or hand-delivered to all opposing parties or counsel that same day.

Frequently Asked Questions

When is a hearing required before a summary process execution issues?

A hearing is required whenever the execution is requested because of a violation of a term in a stipulated judgment, or a judgment with a stay of execution beyond the statutory stay.

Can a landlord skip the hearing for nonpayment?

If the violation is nonpayment of a sum certain, a properly served affidavit can be accepted in lieu of a hearing, but only if the defendant doesn’t file an objection to the execution before it issues.

How soon does the execution issue after the affidavit is filed?

Absent an objection, the execution issues on the third business day after the affidavit is filed.

When is an electronically sent affidavit considered filed?

It’s deemed filed on the third business day after delivery, unless the filer certifies it was also sent or hand-delivered to all opposing parties or their counsel that same day.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 17-53). 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: summary process execution Connecticuteviction execution CT rulestipulated judgment violation evictionaffidavit nonpayment eviction executionsummary process stay of execution CT