ARTHUR A. HILLER, JUDGE.
Both actions brought by the plaintiff, Jeffrey Moorman, were dismissed on June 1, 2007, for failure to prosecute, with notice mailed on June 8, 2007. The plaintiff filed motions to open judgment for both cases on October 5, 2007. The plaintiff's motions included a document, without verification by oath, detailing claimed justification for the request. On October 16, 2007, more than four months after the dismissal notice, the Plaintiff filed a supplemental document, with verification by oath.
The defendant, Zafar Khan, filed an objection to the motion on November 21, 2007. The court, on November 26, 2007, granted the plaintiff's motion. Thereafter, the court granted the Defendant's motion to reargue.
The court, having heard the arguments and reviewed the briefs submitted, hereby vacates its ruling of November 26, 2007. Practice Book § 17-4 sets a deadline for the filing of a motion to open a judgment. Practice Book § 17-43 and General Statutes § 52-212 provide requirements for such relief. This section has been applied to dismissals for failure to prosecute. See Cassella v. Kleffke, 38 Conn.App. 340, 660 A.2d 378 (1999). Both General Statutes § 52-212(b) and Practice Book § 17-43(a) require that a motion "be verified by the oath of the complainant" or the complainant's attorney. "[Where] [a] plaintiff [does] not file the necessary affidavits with the motion to open the nonsuit in a timely manner . . . the motion [is] not proper, and the trial court is without jurisdiction to grant it." G.F. Construction, Inc. v. Cherry Hill Construction, Inc., 42 Conn.App. 119, 124, 679 A.2d 32 (1996). Moreover, "unless the parties waive this time limitation, the trial court lacks authority to entertain the motion to open filed more than four months after a decision is rendered." (Internal quotation marks omitted.) Opoku v. Grant, 63 Conn.App. 686, 691, 778 A.2d 981 (2001).
Practice Book § 17-4(a) provides: "Unless otherwise provided by law and except in such cases in which the court has continuing jurisdiction, any 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 succeeding the date on which notice was sent. The parties may waive the provisions of this subsection or otherwise submit to the jurisdiction of the court."
Practice Book § 17-43(a) provides, in pertinent part: "Any judgment rendered or decree passed upon a default or nonsuit may be set aside within four months succeeding the date on which notice was sent . . . upon the written motion of any party or person prejudiced thereby, showing reasonable cause . . . Such written motion shall be verified by the oath of the complainant or the complainant's attorney . . ."
General Statutes § 52-212(b) provides: "The complaint or written motion shall be verified by the oath of the complainant or his attorney, shall state in general terms the nature of the claim or defense and shall particularly set forth the reason why the plaintiff or defendant failed to appear."
CT Page 2024 The plaintiff's failure to submit a proper motion accompanied by a verification of oath, as required by Practice Book § 17-43(a) and General Statutes § 52-212(b), within the four month period deprives the court of the statutory authority to open the judgment as requested. See Opoku v. Grant, 63 Conn.App. 686, 778 A.2d 981 (2001).
The motion to reopen the judgment of dismissal is therefore denied.
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