Section 23-65.—Failure To Appear at Hearing before Arbitrator
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
Full Text of Section 23-65
Amendment History
(P.B. 1978-1997, Sec. 546R.) (Amended June 29, 1998, to take effect Jan. 1, 1999.)
Plain-English Summary
If one party fails to appear at the arbitration hearing, the arbitrator proceeds anyway and renders a decision, which the court then enters as a judgment. That judgment cannot be opened or set aside unless a motion to do so is filed within four months of the date the notice was sent. If the judicial authority does open or set aside the judgment, it may resubmit the action to the arbitrator, and it may condition that relief on the moving party paying the court an amount no greater than the total fees payable to the arbitrator for the case.
If all parties fail to appear, the arbitrator instead files a request with the court to dismiss the action. If the judicial authority declines to dismiss, the case may go back to the arbitrator upon further order, and that order may require any party to pay the court up to $100.
Frequently Asked Questions
What happens if I miss my arbitration hearing?
The arbitrator will still proceed with the hearing and render a decision, which the court enters as a judgment against you.
Can I get that judgment reopened?
Yes, but you must file a motion to open or set aside the judgment within four months of the date the arbitrator's decision notice was sent.
What if both sides miss the hearing?
The arbitrator files a request asking the court to dismiss the action; if the court declines to dismiss it, the case may return to the arbitrator by further court order.
Can the court charge a fee for reopening a default judgment from arbitration?
Yes. The order opening or setting aside the judgment may require the moving party to pay the court an amount not greater than the total fees payable to the arbitrator for the case.