2005 Connecticut Code - Sec. 52-121. Pleading may be filed after expiration of time fixed, but prior to hearing on motion for default judgment or nonsuit. Judgment or penalty for failure to plead.
Sec. 52-121. Pleading may be filed after expiration of time fixed, but prior to
hearing on motion for default judgment or nonsuit. Judgment or penalty for failure
to plead. (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.
(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, 609.
Cited. 39 CA 306, 332.
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; 21 CS 352. 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. Inapplicable to motions for disclosure of defense and judgment. 32 CS 581.
Subsec. (a):
Cited. 22 CA 4, 8. Cited. 39 CA 306, 332. 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 two years after the return date. 78 CA 590.
Subsec. (c):
Cited. 39 CA 306, 332.
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