Motion to Set Aside Default Judgment
(CT)

Summary

This template is a defendant's motion to set aside a default judgment in a civil action in Connecticut superior court. This template includes practical guidance and drafting notes. If a default judgment has already been entered against your client, you must file a motion under Conn. Gen. Stat. § 52-212 and Conn. Practice Book § 17-43 to have the default judgment set aside, as discussed below. See Conn. Practice Book § 17-4(a). Without a motion, a court does not have the authority to open a default judgment. See 710 Long Ridge Operating Co. II, LLC v. Stebbins, 153 Conn. App. 288, 295–96, 101 A.3d 292 (2014). A motion to set aside a default judgment must usually be made within four months after the date on which notice of the default judgment was sent. Conn. Gen. Stat. § 52-212(a); Conn. Practice Book § 17-43(a); Simmons v. Weiss, 176 Conn. App. 94, 98–99, 168 A.3d 617 (2017); see Conn. Practice Book § 17-4(a). If the defendant did not receive notice of the default judgment, however, the time within which they may move to set aside the judgment is extended by the delay in notification. Pavone v. West, 82 Conn. App. 623, 628, 846 A.2d 884 (2004); Tyler E. Lyman, Inc. v. Lodrini, 63 Conn. App. 739, 746–47, 780 A.2d 932 (2001). Furthermore, the court has the inherent authority to open a default judgment, irrespective of the four-month deadline, if the judgment was rendered without jurisdiction of the parties or of the subject matter. Weinstein & Wisser, P.C. v. Cornelius, 151 Conn. App. 174, 181, 94 A.3d 700 (2014); Devore Assocs., LLC v. Sorkin, 132 Conn. App. 244, 250–51, 31 A.3d 420 (2011). A motion to set aside a default judgment must be made in writing. See Conn. Gen. Stat. § 52-212(a); Conn. Practice Book §§ 11-1(a), 17-43(a). The motion should conform to the general format rules governing other documents filed in court. See Conn. Practice Book § 4-1; Formatting Rules in Court Checklist (CT). The motion should clearly state the relief requested (i.e., an order setting aside the default judgment) and must set forth facts and legal argument showing: • The existence of a good defense to the action at the time the default judgment was entered (in most cases) –and– • Mistake, accident, or other reasonable cause that prevented the defendant from presenting that defense See Conn. Gen. Stat. § 52-212(a); Conn. Practice Book § 17-43(a); Farren v. Farren, 162 Conn. App. 51, 60–61, 131 A.3d 253 (2015); see also Taylor v. Pervis, 125 Conn. App. 321, 327–28, 9 A.3d 389 (2010) (in extraordinary circumstances, court may set aside default for reasonable cause, even without showing that defendant had good defense). The motion may state in general terms the nature of the defendant's defense, but must particularly state the reasons why the defendant failed to appear. Conn. Gen. Stat. § 52-212(c); Conn. Practice Book § 17-43(a). The decision to set aside a default judgment is at the trial court's discretion and is a highly fact-specific inquiry. Therefore, you should set forth specific facts supporting your argument that the default judgment should be set aside and cite cases supporting your position that are as close as possible to the facts in your case. In a motion to open a default judgment, the moving party must not only "allege," but must also make a "showing" sufficient to satisfy the requirements of Conn. Gen. Stat. § 52-212 and Conn. Practice Book § 17-43. Pantlin & Chananie Development Corp. v. Hartford Cement & Building Supply Co., 196 Conn. 233, 241, 492 A.2d 159 (1985). Usually, reasonable cause for setting aside a default judgment will not be apparent from the record, so your motion should refer to affidavits or other evidence regarding the facts establishing reasonable cause, which should be attached to or filed with the motion. A motion to set aside a default judgment is not among those that are required to be accompanied by a supporting memorandum of law. See Conn. Practice Book § 11-10(a). Nevertheless, consider including one if the factual or legal argument is complex, in order to make a clearer presentation to the court. For a template illustrating the general structure and format of a supporting memorandum, see Memorandum of Law (CT). In addition to requesting that the court set aside the default judgment, consider requesting that the court enjoin enforcement of the default judgment pending the court's decision on the motion. See Conn. Gen. Stat. § 52-212(d); Conn. Practice Book § 17-43(a). The moving party must file the motion with the court clerk. See Conn. Practice Book § 4-3. In Connecticut, attorneys and law firms must electronically file (e-file) most types of motions in nearly all types of civil actions and proceedings through the state's electronic filing (e-filing) system (Connecticut Judicial Branch E-Services), unless they obtain an exemption. Self-represented parties may e-file their motions, but are not required to do so. See Conn. Practice Book § 4-4; E-Services Procedures and Technical Standards, § III(B). For discussion of e-filing procedures, see E-filing in State Court (CT). The court "shall order reasonable notice of the pendency of such written motion to be given to the adverse party." See Conn. Gen. Stat. § 52-212(d); Conn. Practice Book § 17-43(a). Generally, the moving party will satisfy this requirement by serving the motion on the plaintiff and on all other parties who have appeared in the action. See Conn. Practice Book §§ 4-3, 10-12 et seq. For any party who is represented by an attorney, service must be made on the party's attorney, unless otherwise ordered by the court. Conn. Practice Book § 10-12(a). Service must be made in the manner provided in Conn. Practice Book § 10-13 et seq. for serving documents subsequent to the initial complaint and summons. See Conn. Practice Book § 11-1(c). Generally, if the motion was e-filed through E-Services, it must be served electronically (i.e., by email) on each party who has consented to electronic service. Otherwise, it must be served by one of the other methods specified in Conn. Practice Book § 10-13 (i.e., in person delivery or mail). For more on service procedures, see Serving Documents Checklist (CT). For more detailed discussion of procedures for setting aside a default and/or default judgment, see Default: Opposing or Setting Aside Default Judgment (CT). For further discussion of motion format and practice generally, see Motion Practice: Making and Opposing a Motion (CT).