(a) Where a party fails to appear at the hearing, the fact finder shall nonetheless proceed with the hearing and shall make a finding of facts, as may be just and proper under the facts and circumstances of the action, which shall be filed with the clerk of the court pursuant to Section 23-56 for consideration by the judicial authority pursuant to Section 23-58. If, pursuant to Section 23-57, the party who failed to appear files an objection to the acceptance of the finding of facts and the objection is sustained by the judicial authority, the judicial authority may require that party to pay to the court an amount not greater than the total fees then payable to the fact finder for services in the case.
Section 23-59.—Failure To Appear at Hearing
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceThis section tells fact finders what to do when a party or all parties fail to show up at the hearing, including possible cost-shifting against a no-show party or dismissal when nobody appears.
Full Text of Section 23-59
(b) If all parties fail to appear at the hearing, the fact finder shall file a request with the court to dismiss the action. If the judicial authority does not dismiss the action it may be heard by the fact finder upon further order of the judicial authority. Such order may provide for the payment by any party to the court of an amount not greater than $100.
Amendment History
(P.B. 1978-1997, Sec. 546K.)
Plain-English Summary
If one party fails to appear, the fact finder still proceeds with the hearing and makes a finding of facts as is just and proper under the circumstances, then files it with the clerk under Section 23-56 for the judicial authority's review under Section 23-58. If the absent party later objects under Section 23-57 and the judicial authority sustains that objection, the judicial authority may order that party to pay the court an amount no greater than the total fees then owed to the fact finder for the case.
If all parties fail to appear, the fact finder must file a request with the court to dismiss the action. If the judicial authority declines to dismiss it, the fact finder may hear the case upon further order of the judicial authority, and that order may require any party to pay the court up to $100.
Frequently Asked Questions
What happens if I miss my fact-finding hearing?
The fact finder proceeds without you and makes a finding of facts as is just and proper, which then goes to the clerk and to the judicial authority for review.
Can a no-show party be charged for missing the hearing?
Yes, but only if that party later objects to the finding of facts and the judicial authority sustains the objection; the judge may then order payment of an amount no greater than the fact finder's total fees for the case.
What happens if no one shows up to the hearing?
The fact finder must file a request with the court to dismiss the action. If the judge doesn't dismiss it, the fact finder may hear it later on further order, which may require a party to pay the court up to $100.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 23-59). 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: fact finder no-show hearingfailure to appear fact finding CTfact finder dismissal missed hearingfact-finding default consequences