Connecticut Motion to Open a Judgment

Introduction

Key Things to Know

1. 1

   Connecticut's term is a motion to open or set aside a judgment. Under C.G.S. 52-212a, a civil judgment may not be opened or set aside unless a motion to open or set aside is filed within four months following the date on which the notice of judgment or decree was sent. The clock runs from the date notice was sent, not the date you received it. For judgments other than defaults and nonsuits, the Judicial Branch guide says grounds can include, but are not limited to, newly discovered evidence, fraud, duress, or a mistake not discovered until after the judgment.

2. 2

   For a judgment after a default or nonsuit, 52-212 allows the judgment to be set aside within four months following the date notice was sent, and the case reinstated on the docket, on a showing of reasonable cause, or that a good cause of action or defense in whole or in part existed, where the party was prevented by mistake, accident or other reasonable cause from prosecuting the action or making the defense. The court decides whether that showing is made.

3. 3

   A default or nonsuit motion under 52-212(c) must be verified by the oath of the party or the party's attorney, state in general terms the nature of the claim or defense, and particularly set forth the reason the party failed to appear.

4. 4

   Some reasons may be raised after four months. Under 52-212(b), a dissolution, civil union or legal separation judgment entered on the defendant's default of appearance under 46b-67(b) may be set aside at any time on a showing of material misrepresentation in the plaintiff's affidavit filed under that subsection. The Judicial Branch guide on opening judgments lists fraud by a party to obtain the judgment, duress, a mutual mistake by both parties, and new evidence unknown at the time of judgment. These are narrow; ask a lawyer before relying on one.

5. 5

   Filing does not by itself stop enforcement; ask the court for a stay in writing. For a motion to open a default or nonsuit judgment under 52-212, 52-212(d) says the court shall order reasonable notice to the adverse party and may enjoin that party from enforcing the judgment until it decides the motion.

6. 6

   The filing fee under 52-259c(a) is $75 in a small claims or housing matter and $130 in other civil matters, with no fee for a motion to open a judgment in a juvenile matter. If you cannot afford the fee, the Judicial Branch says you can file an Application for Waiver of Fees, form JD-CV-120.

7. 7

   Judicial Branch forms include JD-CV-107 (civil matters other than small claims and housing), JD-CV-51 (small claims and summary process judgments) and JD-HM-42 (eviction judgments after default or nonsuit, which must be sworn). A separate petition for new trial under 52-270 is also available. For a default judgment, also see /legal-document/set-aside-default/connecticut.

Connecticut Requirements for Motion to Vacate

• Four-Month Filing Limit

  C.G.S. 52-212a: a civil judgment may not be opened or set aside unless the motion is filed within four months following the date notice of the judgment or decree was sent. The Judicial Branch guide says grounds can include, but are not limited to, newly discovered evidence, fraud, duress, or a mistake not discovered until after the judgment.

• Default or Nonsuit Grounds

  C.G.S. 52-212: a default or nonsuit judgment may be set aside within four months after notice was sent, on a showing of reasonable cause, or that a good cause of action or defense in whole or in part existed, where the party was prevented by mistake, accident or other reasonable cause from prosecuting the action or making the defense.

• Sworn Statement of Defense

  C.G.S. 52-212(c): a default or nonsuit motion must be verified by oath, state in general terms the nature of the claim or defense, and particularly set forth the reason the party failed to appear.

• Dissolution Default Exception

  C.G.S. 52-212(b): a dissolution, civil union or legal separation judgment entered on the defendant's default of appearance under 46b-67(b) may be set aside at any time on a showing of material misrepresentation in the plaintiff's affidavit filed under that subsection.

• Order Against Enforcement

  Filing does not by itself stop enforcement; ask the court for a stay. On a motion to open a default or nonsuit judgment, C.G.S. 52-212(d): the court shall order reasonable notice to the adverse party and may enjoin enforcement until it decides the motion.

• Filing Fee

  C.G.S. 52-259c(a): $75 for a small claims or housing matter, $130 for other matters, and no fee in juvenile matters. A fee waiver may be requested on form JD-CV-120.

• Eviction Judgment After Default

  Form JD-HM-42: state why you did not participate and, for a tenant, your defense to the eviction. The motion must be sworn to by the filer or the filer's attorney.

• Petition for New Trial

  C.G.S. 52-270: the Superior Court may grant a new trial for mispleading, discovery of new evidence, want of actual notice of the action to any defendant or of a reasonable opportunity to appear and defend, when a just defense in whole or part existed, or other reasonable cause.