2012 Connecticut General Statutes
Title 52 - Civil Actions
Chapter 900 - Court Practice and Procedure
Section 52-212a - Civil judgment or decree opened or set aside within four months only.

Unless otherwise provided by law and except in such cases in which the court has continuing jurisdiction, a civil judgment or decree rendered in the Superior Court 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 it was rendered or passed. The continuing jurisdiction conferred on the court in preadoptive proceedings pursuant to subsection (o) of section 17a-112 does not confer continuing jurisdiction on the court for purposes of reopening a judgment terminating parental rights. The parties may waive the provisions of this section or otherwise submit to the jurisdiction of the court, provided the filing of an amended petition for termination of parental rights does not constitute a waiver of the provisions of this section or a submission to the jurisdiction of the court to reopen a judgment terminating parental rights.

(P.A. 77-576, S. 28, 65; P.A. 82-160, S. 103; P.A. 93-51; P.A. 98-241, S. 14, 18; P.A. 00-137, S. 16.)

History: P.A. 82-160 rephrased the section; P.A. 93-51 added provisions re reopening of judgments terminating parental rights; P.A. 98-241 changed reference from Subsec. (i) to Subsec. (h) of Sec. 17a-112, effective July 1, 1998; P.A. 00-137 changed reference from Subsec. (h) to Subsec. (o) of Sec. 17a-112.

Cited. 2 CA 543; 5 CA 417; 8 CA 254; 9 CA 446; 10 CA 160; Id., 669; 11 CA 171; 15 CA 308; 18 CA 166; Id., 589; 19 CA 213; 22 CA 4; Id., 396; Id., 424; 27 CA 755; judgment reversed, see 225 C. 157; 29 CA 465; Id., 482; 32 CA 203; 33 CA 197; 34 CA 419; Id., 641; 36 CA 73. Defendant’s filing of pleadings after judgment of dismissal could not have constituted a waiver of the 4-month period for opening judgment of dismissal. 37 CA 56. Cited. Id., 397; 38 CA 340; Id., 745; 39 CA 258; 40 CA 115; Id., 590; Id., 733; 42 CA 119; Id., 409; 44 CA 588; Id., 771; 45 CA 137; Id., 352; 46 CA 54; Id., 614. In absence of fraud, mistake, duress or accident, trial court was without jurisdiction to order rescission of stipulated judgment where request for rescission was made more than 4 months after entry of judgment. 49 CA 203. 4-month limitation period does not apply because the entry of nonsuit was a clerical error. 55 CA 655. Judgment against defendant that was contrary to law shocks the judicial conscience and violates principles of equity, and court’s denial of motion to open judgment, although filed more than 4 months after rendition of judgment, perpetuated the injustice. 59 CA 351. Discussion of “otherwise provided by law” provision; failure to file renewed motion to open judgment within 4-month limitation period. 69 CA 349. Because trial court did not make an express finding of mutual mistake, it lacked authority to open the judgment beyond the 4-month period. 78 CA 734. Statutory provisions of section do not operate to strip court of its jurisdiction over its judgments, but merely operate to limit period in which court may exercise its substantive authority to adjudicate merits of a case. 87 CA 735. Clerical error in recorded judgment with respect to amount of deficiency which is inconsistent with actual judgment, may be corrected by trial court at any time, even after expiration of 4-month period set forth in section. 88 CA 592. A judgment rendered may be opened after 4-month limitation if it is shown that judgment was obtained because of mutual mistake. 109 CA 33. As a result of the trial court’s original order to “remove” cement blocks being open to different interpretations, it was appropriate for plaintiff to invoke the trial court’s continuing jurisdiction to interpret and to effectuate the order with respect to the cement blocks, and that court properly clarified rather than modified the original order. 111 CA 436. Court had authority to open judgment more than 4 months after its entry because plaintiff had by his actions waived right to raise claim under section. 120 CA 459. Trial court permissibly opened judgment and issued corrected memoranda of decision within 4-month time frame permitted by section, and such correction did not support claim that court failed to issue decision within 120 days under Sec. 51-183b. 125 CA 207.