Section 9-1.Continuance for Absent or Nonresident Defendant

Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026

In one sentenceWhen a resident defendant is absent and unreachable, or a nonresident defendant fails to appear, the court must delay the case for a set period and can require extra notice before allowing a default judgment.

Full Text of Section 9-1

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Every civil action in which the defendant is an inhabitant of this state but is absent therefrom at the commencement of the suit and continues to be absent until after the return day, without having entered any appearance therein, shall be continued or postponed for thirty days by order of the judicial authority. If the defendant does not then appear and no special reason is shown for further delay, judgment by default may be rendered against the defendant. If the defendant is not an inhabitant or resident of this state at the commencement of the action and does not appear therein, the judicial authority shall continue or postpone it for a period of three months and may, if it deems further notice advisable, direct such further notice of the pendency of the action to be given to the defendant by publication in some newspaper, or otherwise, as it deems expedient, or may authorize any person empowered to serve process by the laws of the foreign jurisdiction in which such defendant resides to serve upon such defendant a copy of the summons and complaint and of the order of notice and such person shall make affidavit of his or her doings thereon on the original order of notice. If, upon the expiration of such three months, the defendant does not then appear and no special reason is shown for further delay, judgment may be rendered against such defendant by default. Upon the expiration of any such continuance, it shall be presumed prima facie that no special reason for further delay exists. In actions of foreclosure, including prayers for relief incident thereto and part thereof, judgment may then be rendered upon the plaintiff’s motion for judgment of foreclosure. The provisions of this section shall not apply in the case of any civil action brought under and pursuant to General Statutes § 47-33 or § 52-69 and no continuance or postponement of any such action or additional notice of the pendency thereof shall be required unless the judicial authority so orders. (See General Statutes § 52-87 and annotations.)

End

Amendment History

(P.B. 1978-1997, Sec. 80.)

Plain-English Summary

Section 9-1 tells the court what to do when a defendant does not show up. If the defendant lives in Connecticut but is out of state when the suit begins and stays away past the return day without appearing, the judicial authority must continue the case for thirty days. If the defendant still does not appear after that and no special reason for more delay comes up, the court may enter a default judgment.

If the defendant is not a Connecticut resident at all and does not appear, the court must continue the case for three months instead, and may order added notice — by newspaper publication or another method it sees fit — or have someone authorized under the foreign jurisdiction’s laws serve the summons and complaint and file an affidavit describing what was done. Once either continuance period expires, the court presumes no special reason for more delay exists, and in foreclosure actions judgment may then be entered on the plaintiff’s motion. The section does not apply to civil actions brought under General Statutes § 47-33 or § 52-69, where no continuance or extra notice is required unless the court orders it.

Frequently Asked Questions

How long does a case get delayed if the defendant is absent?

Thirty days if the defendant is a Connecticut resident who is absent but expected to return, or three months if the defendant is not a resident of the state at all.

Can the court order extra notice to a nonresident defendant?

Yes. For nonresident defendants the court may direct further notice by newspaper publication or another method it considers appropriate, or have process served under the laws of the foreign jurisdiction where the defendant lives.

What happens after the continuance period ends?

The court presumes there is no special reason for further delay, and if the defendant still has not appeared, judgment by default may be rendered against them; in foreclosure cases, judgment may then be entered on the plaintiff’s motion.

Does this section apply to every civil case?

No. It does not apply to actions brought under General Statutes § 47-33 or § 52-69, which require no continuance or added notice unless the judicial authority orders it.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 9-1). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source

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