Rule 55.Default.
Current through February 2024 · Last verified September 12, 2026
Full Text of Rule 55
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
Subdivision (a) creates the entry. When a party against whom affirmative relief is sought fails to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk enters the party's default. That entry records the failure. It is not yet a judgment.
The judgment comes from the court. Rule 55(b)(1) is reserved, so this ruleset gives the clerk no power to enter a default judgment at all — the party entitled to one applies to the court under Rule 55(b)(2). No default judgment goes against an infant or incompetent person unless a guardian, guardian ad litem, or other representative has appeared in the action. If the defaulted party has appeared, that party or the party's representative must be served with written notice of the application at least three days before the hearing. The court may hold hearings or order references to take an account, determine damages, test an averment by evidence, or investigate any other matter.
Subdivision (b)(3) adds a step people forget. No default judgment is entered until a competent person files an affidavit, made on the affiant's own knowledge, setting out facts showing the defendant is not in military service as defined in the Servicemembers Civil Relief Act, unless the court orders otherwise in accordance with that Act.
Subdivision (c) is the way back. The court may set aside an entry of default for good cause shown, and may set aside a default judgment in accordance with Rule 60(b). Subdivision (d) applies the rule the same way to a plaintiff, a counterclaimant, or a cross-claimant, and keeps every default judgment inside the limits of Rule 54(c).
Frequently Asked Questions
What is the difference between an entry of default and a default judgment?
The clerk enters a default under subdivision (a) once it appears by affidavit or otherwise that a party failed to plead or defend. A default judgment is a separate step the court takes on application under Rule 55(b)(2), and undoing each one follows a different path under subdivision (c).
Will I get notice before a default judgment is entered against me?
If you have appeared in the action, yes. Rule 55(b)(2) requires written notice of the application for judgment served at least three days before the hearing, on you or on the representative who appeared for you.
Can the clerk enter a default judgment for a set amount of money?
No. Rule 55(b)(1) is reserved in this ruleset, so no subdivision authorizes a clerk-entered default judgment. Every application goes to the court under Rule 55(b)(2).
Why does a default judgment need a military affidavit?
Rule 55(b)(3) blocks entry of any default judgment until someone competent swears, on their own knowledge, to facts showing the defendant is not in military service as defined in the Servicemembers Civil Relief Act. The court can order otherwise only in accordance with that Act.
How do I get a default set aside in Rhode Island family court?
For an entry of default, subdivision (c) lets the court set it aside for good cause shown. If a judgment by default has already been entered, the court may set that aside in accordance with Rule 60(b).