How to file a Motion to Open Judgment in a Connecticut eviction case

The deadline

A motion to open must be filed within 4 months of the date the court sent notice of the judgment. But in an eviction case, the practical deadline is much shorter than the legal one: the landlord can move forward with an execution soon after judgment, so file as soon as you possibly can.

Filing this motion does not automatically stop an eviction

A scheduled execution can still move forward while your motion waits for a decision. When you file, ask the clerk whether an execution has issued in your case and how to ask the court to pause it while your motion is decided. If a marshal has already given you notice of an eviction date, tell the clerk that when you file.

Before you file, check these 4 things

• Your motion states the reason you did not respond in time, in plain facts.
• Your motion states your defense, what you would have told the court.
• The docket number and court location match the judgment notice.
• You have made at least 2 copies: one to keep and one for the landlord.

The filing fee

Unlike most documents in your eviction case, a motion to open has a filing fee. If you cannot afford it, ask the clerk for the fee waiver application; if the court grants the waiver, the fee does not apply.

Filing at the clerk's office

Take or mail the original signed motion to the clerk's office at the court where the judgment entered. Hand delivery is safer given how quickly execution can move. Ask the clerk to stamp your copy.

Deliver a copy to the landlord

Mail or hand deliver a copy to the landlord, or to the landlord's attorney if one is on the case. Fill in the certification section before you file.

What happens next

The court reviews a motion to open in an eviction case quickly, often by the next court day, and may decide it without a hearing. If the court grants it, the judgment is opened and the case resumes; file your Appearance and Answer immediately if you have not, since the deadlines that were missed come back to life. If the court denies it, the judgment stands.

Where to get help

Connecticut's Court Service Centers offer free help for self-represented parties. The clerk's office can answer questions about procedure but cannot give legal advice. Legal aid organizations serve people who qualify, and tenants facing eviction may qualify for the state's Right to Counsel program. If you want legal advice, talk to a licensed Connecticut attorney.