Sec. 52-212a. Civil judgment or decree opened or set aside within four months only. - Connecticut Statutes

      Sec. 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.

      Judgments obtained by fraud may be attacked at any time. 180 C. 129. Cited. 181 C. 463. A motion to open and vacate a judgment is addressed to the court's discretion. 184 C. 461. Cited. 185 C. 495. Cited. 187 C. 509. Cited. 191 C. 555. Cited. 196 C. 517; Id., 579. Cited. 211 C. 648. Cited. 214 C. 23. Cited. 215 C. 143. Cited. 217 C. 394. Cited. 223 C. 68; Id., 155. Court held legislature intended provisions of Sec. 17a-112 and this section to coexist so superior court has limited jurisdiction to open judgment for termination of parental rights for four months after its rendering but not thereafter in absence of waiver or consent. 224 C. 263. Cited. 225 C. 757. Cited. Id., 804. Prohibits trial court from entertaining motion to open and modify divorce decree with respect to nondisability military retired or retainer pay; time limitations on opening not preempted by federal law division of military retirement benefits. 226 C. 219. Cited. Id., 831. Cited. 228 C. 85. Cited. 232 C. 405. Judgment of appellate court in Jenks v. Jenks, 34 CA 462, reversed. Id., 750. Cited. 236 C. 78. Cited. 239 C. 375. Section limits trial court's general authority to grant relief from a judgment, but does not limit its personal jurisdiction over the parties. 249 C. 94. Defendant did not prevail on its claim that, in the absence of a finding of contempt, court lacked jurisdiction to enter postjudgment orders after expiration of the four-month statutory period for opening a judgment. Court's continuing jurisdiction to enter orders in vindication of a prior judgment is grounded in its inherent powers and not its contempt powers and exercise of that jurisdiction in this case not barred by availability of appellate remedies. 260 C. 232. Trial court's clarification of injunctive order seven months after original order and modification was proper because court had continuing jurisdiction due to nature of injunctive order and internal inconsistencies in prior order. 275 C. 420. Order restoring case to docket is immediately appealable when challenged on the basis of court's authority to restore case to the docket in light of the limitation period of section. 276 C. 168. Court has continuing jurisdiction to vacate or modify a protective order after expiration of the four-month limitation period of section. Id.

      Cited. 2 CA 543. Cited. 5 CA 417. Cited. 8 CA 254. Cited. 9 CA 446. Cited. 10 CA 160; Id., 669. Cited. 11 CA 171. Cited. 15 CA 308. Cited. 18 CA 166; Id., 589. Cited. 19 CA 213. Cited. 22 CA 4; Id., 396; Id., 424. Cited. 27 CA 755; judgment reversed, see 225 C. 157. Cited. 29 CA 465; Id., 482. Cited. 32 CA 203. Cited. 33 CA 197. Cited. 34 CA 419; Id., 641. Cited. 36 CA 73. Defendant's filing of pleadings after judgment of dismissal could not have constituted a waiver of the four-month period for opening judgment of dismissal. 37 CA 56. Cited. Id., 397. Cited. 38 CA 340; Id., 745. Cited. 39 CA 258. Cited. 40 CA 115; Id., 590; Id., 733. Cited. 42 CA 119; Id., 409. Cited. 44 CA 588; Id., 771. Cited. 45 CA 137; Id., 352. Cited. 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 four months after entry of judgment. 49 CA 203. Four-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 four 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 four-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 four-month period. 78 CA 734. Statutory provisions of the 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 four-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.