In any action by foreign attachment, if the defendant does not appear, any garnishee may be admitted to defend his or her principal; but, if the defendant is not in this state and does not appear, personally or by attorney, and the garnishee does not appear to defend, the action shall be continued, postponed or adjourned for a period of three months from the return day of the writ. Any continuance, postponement or adjournment, prescribed in this or Section 9-1, shall not be granted or, if granted, shall terminate whenever the judicial authority finds that the absent or nonresident defendant, or authorized agent or attorney, has received actual notice of the pendency of the case at least twelve days prior to such finding, and thereupon, unless some special reason is shown for further delay, the cause may be brought to trial. (See General Statutes § 52-88 and annotations.)
Section 9-2.Defense by Garnishee; Continuance
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceIn a foreign attachment action where the defendant does not appear, a garnishee may step in to defend, and if no one defends, the case is continued three months until the absent defendant gets actual notice.
Full Text of Section 9-2
Amendment History
(P.B. 1978-1997, Sec. 81.)
Plain-English Summary
Section 9-2 covers what happens in an action by foreign attachment when the defendant fails to appear. Any garnishee may be admitted to defend the absent defendant’s interests. But if the defendant is outside Connecticut, does not appear personally or through an attorney, and the garnishee does not step in to defend either, the court must continue, postpone, or adjourn the action for three months from the writ’s return day.
Any continuance granted under this section or Section 9-1 ends once the judicial authority finds that the absent or nonresident defendant — or an authorized agent or attorney — received actual notice of the pending case at least twelve days before that finding. Once that happens, the case may go to trial unless some special reason for further delay is shown.
Frequently Asked Questions
Who can defend a case if the defendant doesn't appear in a foreign attachment action?
A garnishee may be admitted to defend on behalf of the absent defendant.
What happens if neither the defendant nor a garnishee appears?
The judicial authority continues, postpones, or adjourns the action for three months from the return day of the writ.
When does a continuance under this section end early?
It terminates once the court finds the absent or nonresident defendant, or an authorized agent or attorney, received actual notice of the case at least twelve days before that finding.
Is this rule related to Section 9-1?
Yes. Section 9-2 expressly says the twelve-day actual notice rule for ending a continuance applies to continuances granted under both this section and Section 9-1.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 9-2). 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: garnishee defense rules CTforeign attachment continuanceactual notice twelve days ruleadjournment absent defendant Connecticutgarnishee admitted to defend