Sec. 52-87. Continuance on account of absent or nonresident defendant. Exceptions.
Sec. 52-87. Continuance on account of absent or nonresident defendant. Exceptions. (a) Every civil action in which the defendant is an inhabitant of this state but
is absent from the state at the commencement of the action 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 court. If the defendant does not then
appear and no special reason is shown for further delay, judgment by default may be
rendered against him.
(b) If the defendant is not an inhabitant or a resident of this state at the commencement of the action and does not appear therein, the court shall continue or postpone it
for 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 the defendant resides to
serve upon the defendant a copy of the summons and complaint and of the order of
notice. Any such person serving process in a foreign jurisdiction shall make affidavit
of his actions concerning the process 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 the defendant by default.
Upon the expiration of the three-month 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.
(c) The provisions of this section shall not apply in the case of any civil action
brought under and pursuant to section 47-33 or 52-69, and no continuance or postponement of any such action or additional notice of the pendency thereof may be required
unless the court so orders.
(d) A continuance or postponement under this section shall not be granted or, if
granted, shall terminate if actual notice is shown in accordance with section 52-88.
(e) The provisions of this section shall not apply in the case of any civil action in
which service of process is made pursuant to subsection (c) of section 52-59b with
respect to a nonresident individual or foreign partnership over whom the court may
exercise personal jurisdiction as provided in subdivision (4) of subsection (a) of section
52-59b.
(1949 Rev., S. 7808; 1957, P.A. 282; 1959, P.A. 151; P.A. 82-160, S. 34; P.A. 92-38, S. 3.)
History: 1959 act amended third sentence to provide for continuation or postponement where defendant does not appear
"therein" (referring to this state) rather than where he does not appear "and answer thereto" (referring to the action; P.A.
82-160 rephrased the section, added Subsec. indicators and added Subsec. (d) concerning the denial or termination of a
continuance or postponement; P.A. 92-38 added Subsec. (e) re nonapplicability of section to civil action in which service
of process is made pursuant to Subsec. (c) of Sec. 52-59b with respect to nonresident individual or foreign partnership
over whom court can exercise personal jurisdiction.
No bond is necessary if the defendant returns and has notice of suit before second term. 8 C. 115. Not applicable to
suits begun by foreign attachment against a defendant not in this state. 49 C. 452. Judgment rendered without continuance
not void, but only erroneous. 62 C. 553. Statute applied to garnishment of debt due nonresident. 79 C. 15. Proper procedure
outlined. 108 C. 175. Cited. 113 C. 81. Cited. 116 C. 49. Cited. 121 C. 35. Cited. 150 C. 192. Cited. 181 C. 607. Cited.
183 C. 369. Cited. 196 C. 172. Cited. 226 C. 1.
Cited. 16 CA 619.
Purpose is to secure notice of suit to absent defendant. 2 CS 18. Requirements of this section must be met in annulment
action where defendant has not been served by process in this state. 14 CS 316. Applicable where nonresident defendant
does not appear and answer in action brought under section 52-62. 19 CS 285. To be read in conjunction with Sec. 52-88.
33 CS 570. Continuance not granted if nonresident has actual notice. Id., 571.
Subsec. (b):
Trial court did not err in entering default judgment without observing the statutory continuance because evidence gave
rise to reasonable presumption of receipt of actual notice of the action by defendant. 278 C. 92.
Cited. 9 CA 1.