(a) Any judgment rendered or decree passed upon a default or nonsuit in the Superior Court may be set aside, within four months following the date on which the notice of judgment or decree was sent, and the case reinstated on the docket, on such terms in respect to costs as the court deems reasonable, upon the complaint or 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 the judgment or the passage of the decree, and that the plaintiff or defendant was prevented by mistake, accident or other reasonable cause from prosecuting the action or making the defense.
(b) In addition to the provisions of subsection (a) of this section, any judgment rendered or decree passed in an action for dissolution of marriage or civil union or for legal separation in which the waiting period was waived pursuant to subsection (c) of section 46b-67 may be set aside at any time and the case reinstated to the docket upon a showing of material misrepresentation in the affidavit of the plaintiff filed pursuant to said subsection.
(c) The complaint or written motion shall be verified by the oath of the complainant or his attorney, shall state in general terms the nature of the claim or defense and shall particularly set forth the reason why the plaintiff or defendant failed to appear.
(d) The court shall order reasonable notice of the pendency of the complaint or written motion to be given to the adverse party, and may enjoin him against enforcing the judgment or decree until the decision upon the complaint or written motion.
(1949 Rev., S. 7963, 7964; 1959, P.A. 28, S. 114; 1967, P.A. 849; P.A. 74-183, S. 87, 291; P.A. 76-436, S. 131, 681; P.A. 82-160, S. 102; P.A. 18-14, S. 3; P.A. 21-104, S. 43.)
History: 1959 act substituted circuit court for municipal court which was abolished; 1967 act clarified rights of plaintiff; P.A. 74-183 removed circuit court from purview of section, reflecting transfer of its functions to court of common pleas, effective December 31, 1974; P.A. 76-436 removed court of common pleas from purview of section, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 rephrased the section and inserted Subsec. indicators; P.A. 18-14 added new Subsec. (b) re setting aside of judgment or decree in action for dissolution of marriage or civil union or legal separation when waiting period had been waived pursuant to Sec. 46b-67(c) and redesignated existing Subsecs. (b) and (c) as Subsecs. (c) and (d); P.A. 21-104 amended Subsec. (a) to replace “it was rendered or passed” with “the notice of judgment or decree was sent”, effective June 28, 2021.
Structure Connecticut General Statutes
Chapter 900 - Court Practice and Procedure
Section 52-185. - Bond or recognizance for prosecution.
Section 52-189. - Surety company bond acceptable.
Section 52-190. - Action on probate bond. Endorsement of writ.
Section 52-191. - Precedence of actions in favor of the state.
Section 52-191a. - Precedence of certain actions involving zoning ordinances and regulations.
Section 52-191b. - Precedence of proceedings involving planning commissions.
Section 52-191c. - Precedence of actions involving terminally ill persons.
Section 52-192. - Precedence of other cases in order of trial.
Section 52-192b. - Offers of judgment. Applicability.
Section 52-193. - Offer of compromise by defendant.
Section 52-194. - Acceptance of defendant's offer of compromise.
Section 52-195. - Effect of failure to accept defendant's offer of compromise.
Section 52-195a. (Formerly Sec. 52-256). - Unliquidated damages; tender.
Section 52-195c. - Time period for payment of settlement amount.
Section 52-196. - Motion to continue or postpone.
Section 52-197. - Motion for disclosure. Rules.
Section 52-198. - Disclosure; examination of officer of corporation.
Section 52-199. - Questions which need not be answered. Self-incrimination.
Section 52-200. - Disclosure not conclusive.
Section 52-201. - Action on nonnegotiable instruments; defense. Assignment.
Section 52-203. - Demand for receipt not to vitiate a legal tender.
Section 52-204. - Recovery of expenditures by husband or parent.
Section 52-205. - Court may determine order in which issues shall be tried.
Section 52-206. - Writings; admission of their execution.
Section 52-207. - Defense based on Sunday contract.
Section 52-208. - Reception of evidence objected to as inadmissible.
Section 52-209. - Argument of counsel; time limit.
Section 52-210. - Motion for nonsuit.
Section 52-211. - Refusal to set aside nonsuit; appeal.
Section 52-212. - Opening judgment upon default or nonsuit.
Section 52-212a. - Civil judgment or decree opened or set aside within four months only.
Section 52-215. - Dockets. Jury cases. Court cases.
Section 52-215a. - Jury of six in civil actions.
Section 52-216. - Deciding questions of law and of fact.
Section 52-217. - Violation of statute by minor.
Section 52-218. - Jury may try issues of fact in equitable action.
Section 52-219. - Claim for damages and equitable relief; separate trials.
Section 52-220. - Hearing in damages: When to jury.
Section 52-221. - Hearing in damages: Evidence. Notice.
Section 52-221a. - Hearing in damages: Proof of damages on defendant's failure to appear.
Section 52-222. - Verdict by nine jurors.
Section 52-223. - Jury may be three times returned to consider verdict.
Section 52-224. - Special verdicts. Jury to assess damages.
Section 52-225b. - “Collateral sources” defined.
Section 52-225c. - Recovery of collateral source benefits prohibited.
Section 52-225e. - Notice of settlement in excess of ten thousand dollars by insurer to claimant.
Section 52-225f. - Transfer of structured settlement payment rights prior to October 1, 2003.
Section 52-225g. - Transfer of structured settlement payment rights: Definitions.
Section 52-225h. - Transfer of structured settlement payment rights: Required disclosures to payee.
Section 52-225i. - Transfer of structured settlement payment rights: Approval.
Section 52-225j. - Transfer of structured settlement payment rights: Effect.
Section 52-225k. - Transfer of structured settlement payment rights: Procedure for approval.
Section 52-225l. - Transfer of structured settlement payment rights: General provisions.
Section 52-226. - Trial to the court. Special finding.
Section 52-226a. - Special finding that action or defense without merit and not in good faith.
Section 52-227. - Judgment for or against some of the parties only.
Section 52-228. - Judgment too large; remittitur; correction.
Section 52-228a. - Appeal from order of remittitur or additur.
Section 52-228b. - Setting aside of verdict in action claiming money damages.
Section 52-231. - Facts on which judgments found to appear on record.
Section 52-231a. - Filing of affidavit re other custody proceedings; visitation rights.
Section 52-232. - Judge to file memorandum of decision on demurrer.
Section 52-233. - Certification of statutory appeals taken to a judge.
Section 52-234. - Time for entering of justice appeals.
Section 52-235. - Reservation of questions of law.
Section 52-235a. - Declaratory judgment to determine orders of priorities.
Section 52-235b. - Proceedings stayed if attorney unable to appear.
Section 52-235c. - Referral to alternative dispute resolution program. Stay of proceedings in court.