Setting aside a Connecticut default: file before judgment and it vanishes by operation of law
Connecticut procedure · Last verified August 17, 2026
Connecticut has the most forgiving default rule in the country, and almost nobody outside the state knows it.
If a default has been entered against you but judgment has not yet been rendered, filing the thing you failed to file — an appearance, or an answer — sets the default aside automatically, by operation of law. No motion. No good cause. No hearing.
Once judgment is rendered, everything changes. Then you have four months and a verified motion with specific requirements.
The entire question is which side of the judgment you are on.
Default for failure to appear
Conn. Practice Book § 17-20(d):
Except as provided in Sections 17-23 through 17-30, motions for default for failure to appear shall be acted on by the clerk not less than seven days from the filing of the motion and shall not be printed on the short calendar. The motion shall be granted by the clerk if the party who is the subject of the motion has not filed an appearance. The provisions of Section 17-21 shall not apply to such motions, but such provisions shall be complied with before a judgment may be entered after default. If the defaulted party files an appearance in the action prior to the entry of judgment after default, the default shall automatically be set aside by operation of law. A claim for a hearing in damages shall not be filed before the expiration of fifteen days from the entry of a default under this subsection, except as provided in Sections 17-23 through 17-30.
Four things to take from that:
| Provision | Effect |
|---|---|
| Clerk acts not less than 7 days after the motion is filed | you have a week from the filing to appear |
| Clerk must grant it if no appearance is on file | the entry itself is mechanical |
| Filing an appearance before judgment | default automatically set aside by operation of law |
| A hearing in damages cannot be claimed for 15 days from entry | a further window before the case moves on |
You are also entitled to know the motion was filed. § 17-20(c):
It shall be the responsibility of counsel filing a motion for default for failure to appear to serve the defaulting party with a copy of the motion. Service and proof thereof may be made in accordance with Sections 10-12, 10-13 and 10-14. Upon good cause shown, the judicial authority may dispense with this requirement when judgment is rendered.
Default for failure to plead
§ 17-32(a) works the same mechanical way — a written motion "acted on by the clerk not less than seven days from the filing of the motion, without placement on the short calendar."
And § 17-32(b) gives the same automatic escape, with one important condition attached:
If a party who has been defaulted under this section files an answer before a judgment after default has been rendered by the judicial authority, the default shall automatically be set aside by operation of law unless a claim for a hearing in damages or a motion for judgment has been filed. If a claim for a hearing in damages or a motion for judgment has been filed, the default may be set aside only by the judicial authority. A claim for a hearing in damages or motion for judgment shall not be filed before the expiration of fifteen days from the date of notice of issuance of the default under this subsection.
So for a failure-to-plead default there is a race:
- File an answer before the other side claims a hearing in damages or moves for judgment → the default is set aside automatically.
- File after they do → the default "may be set aside only by the judicial authority", and you are back to asking rather than acting.
The plaintiff cannot start that race for fifteen days from the date of notice of issuance of the default. That fifteen days is your window, and it is measured from notice, not from entry.
The practical rule: answer immediately. Every day of delay risks the other side filing first and turning an automatic right into a discretionary application.
If judgment has not been rendered but the automatic route has closed
§ 17-42:
A motion to set aside a default where no judgment has been rendered may be granted by the judicial authority for good cause shown upon such terms as it may impose. As part of its order, the judicial authority may extend the time for filing pleadings or disclosure in favor of a party who has not been negligent. Certain defaults may be set aside by the clerk pursuant to Sections 17-20 and 17-32.
Good cause shown, on such terms as the court imposes. And note the extension power is available "in favor of a party who has not been negligent" — so a defendant who simply ignored the case may get the default opened without getting extra time to plead.
After judgment: four months, from notice
§ 17-43(a):
Any judgment rendered or decree passed upon a default or nonsuit may be set aside within four months succeeding the date on which notice was sent, and the case reinstated on the docket on such terms in respect to costs as the judicial authority deems reasonable, upon the written motion of any party or person prejudiced thereby, showing reasonable cause, or that a good cause of action or defense in whole or in part existed at the time of the rendition of such judgment or the passage of such decree, and that the plaintiff or the defendant was prevented by mistake, accident or other reasonable cause from prosecuting or appearing to make the same. Such written motion shall be verified by the oath of the complainant or the complainant's attorney, shall state in general terms the nature of the claim or defense and shall particularly set forth the reason why the plaintiff or the defendant failed to appear. The judicial authority shall order reasonable notice of the pendency of such written motion to be given to the adverse party, and may enjoin that party against enforcing such judgment or decree until the decision upon such written motion.
Four months from the date notice was sent — not from entry of the judgment. That is more generous than it sounds, because a judgment entered while you were unaware of it starts its clock when the notice went out, and the file will show that date.
The motion has three formal requirements, and all three are stated in the rule:
| Requirement | What it means |
|---|---|
| Verified by oath | of the party or the attorney — an unsworn motion does not comply |
| State in general terms the nature of the claim or defense | you must show there is something to try |
| Particularly set forth the reason you failed to appear | "particularly" — a general assertion of neglect is not enough |
And the substantive showing is two-limbed: reasonable cause, or that a good cause of action or defense existed and that you were "prevented by mistake, accident or other reasonable cause" from appearing.
The injunction against enforcement
The last clause of § 17-43(a) is the one to use if money is already moving:
The judicial authority shall order reasonable notice of the pendency of such written motion to be given to the adverse party, and may enjoin that party against enforcing such judgment or decree until the decision upon such written motion.
The court may enjoin the judgment creditor from enforcing the judgment until it decides your motion. Ask for that in the motion itself — it is not automatic, and Connecticut is one of the few states that writes the power into the same section.
If a nonsuit was entered instead
A nonsuit is the plaintiff-side equivalent, and § 17-43 covers it in the same breath. § 17-43(b) adds:
If the judicial authority opens a nonsuit entered pursuant to Section 17-31, the judicial authority as part of its order may extend the time for filing pleadings or disclosure.
Where this sits in a Connecticut case
Connecticut's pleadings are strictly ordered, and the motion to strike occupies the place a motion to dismiss holds elsewhere. See the Connecticut motion to strike and responding to a Connecticut complaint.
How Connecticut compares
| Connecticut | New York | Massachusetts | Federal | |
|---|---|---|---|---|
| Default set aside automatically on filing | yes, before judgment | no | no | no |
| Standard before judgment | good cause, if the automatic route closed | excusable default | good cause | good cause |
| Deadline after judgment | 4 months | 1 year | 1 year | 1 year |
| Measured from | the date notice was sent | service of notice of entry | entry | entry |
| Motion must be verified | yes | affidavit of merit | — | no |
| Reason for default must be pleaded particularly | yes | — | — | no |
| Court may enjoin enforcement under the same section | yes | — | — | no |
A short checklist
- Find out whether judgment has been rendered. Everything turns on this.
- If not — file immediately. An appearance (failure to appear) or an answer (failure to plead) sets the default aside by operation of law.
- Watch the fifteen days. Once the other side claims a hearing in damages or moves for judgment, the automatic route closes and you need the court.
- If judgment has been rendered, find the date notice was sent. Four months runs from there.
- Verify the motion by oath. The rule requires it.
- State the claim or defense in general terms — you have to show there is something worth trying.
- Set out the reason you failed to appear particularly. The rule uses that word deliberately.
- Ask the court to enjoin enforcement while the motion is pending.
Where these rules live
- Conn. Practice Book § 17-20 — Motion for Default and Nonsuit for Failure To Appear
- Conn. Practice Book § 17-32 — Where Defendant Is in Default for Failure To Plead
- Conn. Practice Book § 17-42 — Opening Defaults where Judgment Has Not Been Rendered
- Conn. Practice Book § 17-43 — Opening Judgment upon Default or Nonsuit
This page explains what the Practice Book says. It isn't legal advice, and what amounts to good cause or reasonable cause is developed in case law this site doesn't cover.