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RI · rules

R.I. Super. Ct. R. Civ. P. 55

Default

activein force · 2024-02-01 – presentact-effective-date

(a) Entry. When a party against whom a judgment for affirmative

relief is sought has failed to plead or otherwise defend as provided by these rules and

that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's

default.

(b) Judgment. Judgment by default may be entered as follows:

(1) By the Clerk. When the plaintiff's claim against a defendant is for a sum

certain or for a sum which can by computation be made certain, the clerk upon

request of the plaintiff and upon affidavit of the amount due shall enter judgment for

that amount and costs against the defendant, if the defendant has been defaulted for

failure to appear and if the defendant is not an infant or incompetent person.

(2) By the Court. In all other cases the party entitled to a judgment by default

shall apply to the court therefor; but no judgment by default shall be entered against

an infant or incompetent person unless represented in the action by a guardian,

guardian ad litem, or such other representative who has appeared therein. If the party

against whom judgment by default is sought has appeared in the action, the party

(or, if appearing by representative, the party's representative) shall be served with

written notice of the application for judgment at least ten (10) days prior to the

hearing on such application. If, in order to enable the court to enter judgment or to

carry it into effect, it is necessary to take an account or to determine the amount of

damages or to establish the truth of any averment by evidence or to make an

investigation of any other matter, the court may conduct such hearings or order such

references as it deems necessary and proper and shall accord a right of trial by jury

to the parties when and as required by statute.

(3) Affidavit Required. Notwithstanding the foregoing, no judgment by default

shall be entered until the filing of an affidavit made by some competent person on

the affiant's own knowledge, setting forth facts showing that the defendant is not a

person in military service as defined in the Servicemembers Civil Relief Act (50

U.S.C.A. App. § 501, et seq.), except upon order of the court in accordance with that

Act.

(c) Setting Aside Default. For good cause shown the court may set aside an entry

of default and, if a judgment by default has been entered, may likewise set it aside

in accordance with Rule 60(b).

(d) Plaintiffs, Counterclaimants, Cross-claimants. The provisions of this rule

apply whether the party entitled to the judgment by default is a plaintiff, a third party

plaintiff, or a party who has pleaded a cross-claim or counterclaim. In all cases a

judgment by default is subject to the limitations of Rule 54(c).

Provenance

Source
courts.ri.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
6388c24ef29d56fd0692163b932ae857cbba85bcbedaaf6211ac1ab32df20c7e
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R.I. Super. Ct. R. Civ. P. 55 — Default · binding.law