§ 9-11-55.Default judgment

Subsection (a) sets the default trigger: if an answer isn’t filed within the required time, and that time hasn’t been extended, the case automatically becomes in default. The defendant still has a matter-of-right window to fix that — filing the defenses within 15 days of the default and paying costs reopens the case with no court permission needed. If the case is still in default once those 15 days pass, the plaintiff becomes entitled to verdict and judgment by default, without a jury, as if every allegation in the complaint were proven. That entitlement has an exception: for a claim ex delicto or for unliquidated damages, the plaintiff still has to introduce evidence and establish the damages amount before the court, with the defendant free to introduce its own evidence on damages and either side free to move for a new trial on that issue. If the defendant, despite being in default, placed damages in issue by pleading, either party can demand a jury trial of that specific issue. An action on an open account doesn’t count as one for unliquidated damages under this section.

Subsection (b) gives the court a separate, discretionary path to open a default at any point before final judgment, on payment of costs — for providential cause that prevented filing the required pleadings, for excusable neglect, or wherever the judge determines the facts make out a proper case for opening the default, on whatever terms the court fixes. Getting there takes more than a request: the showing must be made under oath, set up a meritorious defense, offer to plead instanter, and announce readiness to proceed with trial.