(a) Any pleading in any civil action may be filed after the expiration of the time fixed by statute or by any rule of court until the court has heard any motion for judgment by default or nonsuit for failure to plead which has been filed in writing with the clerk of the court in which the action is pending.
(b) No judgment of nonsuit or default, in any case in which appearance has been entered by the defendant, may be entered by the clerk of any court for failure to plead within the time fixed by statute, or by any rule of any court, until an order for it has been passed by the court after reasonable notice to the opposing counsel and hearing thereon.
(c) No penalty for failure to plead within the time provided by any rule relating to the filing of any pleading may be imposed upon any party to any action unless the failure is a violation of an order or judgment made by the court after notice and hearing thereon.
(1949 Rev., S. 7843; 1953, S. 3150d; P.A. 82-160, S. 50.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.
Granting motion for judgment which was not for judgment by default or nonsuit for failure to plead violates statutory guaranty of right to plead further. 131 C. 266. Judgment by default invalid where court refused to hear counsel. 133 C. 696. Cited. 181 C. 607.
Cited. 22 CA 4; 39 CA 306.
Time for filing plea in abatement not extended; 3 CS 312; not applicable to pleadings of the same kind as others which have been disposed of. 8 CS 511. Cited. 10 CS 304; 15 CS 35; 17 CS 46; 19 CS 116. Defendant's right to plead over after a demurrer has been sustained continues until the court has heard a proper written motion for default for failure to plead. 20 CS 17. Cited. 21 CS 352. Inapplicable to motions for disclosure of defense and judgment. 32 CS 581.
Subsec. (a):
Trial court did not abuse its discretion in precluding third-party defendant from filing special defenses where trial court finds prejudice and possible delay. 53 CA 72. Trial court did not abuse its discretion in denying defendant's motion to set aside the default which was filed, with defendant's answer, more than 2 years after the return date. 78 CA 590. In determining whether filing of amended complaint following finding of default effectively extinguished the default and afforded defendant an opportunity to plead in response, the dispositive inquiry is whether the amendment reflected a substantial change to the pleadings in effect at the time that the default was entered. 178 CA 727.
Notes of Decisions
Chase Home Fin., LLC v. Scroggin, 176 A.3d 1210 (Conn. App. Ct. 2017).
· cites it 35× “al, the defendant argues that the court erred in rendering the judgment of strict foreclosure (1) based on a default for failure to plead, because Chase Home Finance, LLC (Chase), significantly amended the pleadings after the default entered, and he was, therefore, entitled to…”
Deutsche Bank Nat'l Trust Co. v. Cornelius, 154 A.3d 79 (Conn. App. Ct. 2017).
· cites it 8× “In that motion, he argued that the second default was invalid because he never received notice or a hearing on the motion for default, as purportedly required by General Statutes § 52-121 (b), and he "filed a responsive pleading only a couple days after the clerk granted the…”
Merritt v. Fagan, 828 A.2d 685 (Conn. App. Ct. 2003).
· cites it 14× “Specifically, the defendant argues that the court improperly denied the motion because he had filed his answer timely pursuant to General Statutes § 52-121 (a) and Practice Book § 17-32 (b).”
Chapman v. Norfolk & Dedham Mut. Fire Ins., 665 A.2d 112 (Conn. App. Ct. 1995).
· cites it 6× “The plaintiffs also note that § 177 allows the trial court the discretion to extend the normal ten day filing period *332 for responsive pleadings and that Practice Book provisions are to be liberally interpreted.”
Rios v. Ccmc Corp., 943 A.2d 544 (Conn. App. Ct. 2008).
· cites it 4× “See General Statutes § 52-121 (a) (“[a]ny pleading in any civil action may be filed after the expiration of the time fixed by statute or by any rule of court until the court has heard any motion for judgment by default or nonsuit for failure to plead which has been filed in…”
Deutsche Bank Nat'l Trust Co. v. Bertrand, 59 A.3d 864 (Conn. App. Ct. 2013).
· cites it 3× “We also must reject the defendant’s argument that the court’s action violated § 52-121 (a). Section 52-121 (a) provides: “Any pleading in any civil action may be filed after the expiration of the time fixed by statute or by any rule of court until the court has heard any motion…”
Dennison v. Klotz, 532 A.2d 1311 (Conn. App. Ct. 1987).
· cites it 2× “Since further action is required to obtain judgment, the party against whom judgment is sought may avail herself of the opportunity to request leave to file an amended or substitute complaint pursuant to § 176 at any time prior to the rendering of judgment.”
Hartford Fed. Sav. & Loan Assn. v. Tucker, 436 A.2d 1259 (Conn. 1980).
· cites it 2× “Under General Statutes § 52-121, 1 “[a]ny pleading in any civil action may be filed after the expiration of the time fixed by statute or by any rule of court until the court has heard any motion for judgment by default or nonsuit for failure to plead which has been filed in…”
Ins. Co. of Pennsylvania v. Waterfield, 925 A.2d 451 (Conn. App. Ct. 2007).
· cites it 12× “On December 5, 2005, the defendant filed a motion to open the judgment upon default, pursuant to General Statutes § 52-212, 3 claiming that his answer was timely filed pursuant to General Statutes § 52-121 (a) 4 on the basis of his assertion that the court lacked subject matter…”
Kaye v. Housman, 195 A.3d 1168 (Conn. App. Ct. 2018).
· cites it 2× “support for the proposition that a court commits plain error if, prior to rendering a judgment upon default, the court fails to accept for filing a defaulted party's pleading solely on the ground that the pleading is untimely.”
Gianquitti v. Sheppard, 728 A.2d 1133 (Conn. App. Ct. 1999).
· cites it 2× “In support of its argument, BST cites General Statutes § 52-121 (a), which provides that “[a]ny pleading in any civil action may be filed after the expiration of the time fixed by statute .”
Barlow v. Pocsay, 154 A.2d 753 (Conn. Super. Ct. 1959).
“1958, § 52-121; and no motion for a default or nonsuit for failure to plead may be considered without written prior notice of intention to file it.”
— Conn. Gen. Stat. § 52-121(a) — 1 case
Rios v. Ccmc Corp., 943 A.2d 544 (Conn. App. Ct. 2008).
“See General Statutes § 52-121 (a) (“[a]ny pleading in any civil action may be filed after the expiration of the time fixed by statute or by any rule of court until the court has heard any motion for judgment by default or nonsuit for failure to plead which has been filed in…”
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