If the defendant appears but does not plead within two days after the return day, the complainant may file a motion for judgment for failure to plead, served upon the defendant in the manner provided in the rules adopted by the judges of the Superior Court for the service of pleadings. If the defendant fails to plead within three days after receipt of such motion by the clerk, the court shall forthwith enter judgment that the complainant recover possession or occupancy with his costs.
(P.A. 79-571, S. 52; P.A. 92-171, S. 4.)
History: P.A. 92-171 reduced the time period for an appearing defendant to plead from three days to two days after the return day.
Cited. 217 C. 313.
Cited. 1 CA 439; 5 CA 417.
Appears judge has power to grant motion when court is in session, not ex parte in chambers. 36 CS 565. Cited. 38 CS 70.