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.
(b) No judgment of nonsuit or default, in any case in which appearance has been
entered by the defendant, may be entered by the clerk of any court for failure to plead
within the time fixed by statute, or by any rule of any court, until an order for it has been
passed by the court after reasonable notice to the opposing counsel and hearing thereon.
(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.
Cited. 39 CA 306.
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. Cited. 15 CS 35. Cited. 17 CS 46. Cited. 19 CS 116. 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. Cited. 21 CS 352. Inapplicable to motions for disclosure of defense and judgment. 32 CS 581.
Subsec. (a):
Cited. 22 CA 4. 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.