Rule 55.Default.

Current through February 2024 · Last verified July 8, 2026

In one sentenceRule 55 governs how a default and default judgment are entered against a party who fails to plead or defend, including when the clerk alone can enter judgment and when the court must step in, plus how a default can later be set aside.

Full Text of Rule 55

Text sizeJump to: (a) (b) (c) (d)

(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).

End

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

Rule 55 covers what happens when a defendant does not show up or respond. Once an affidavit or other proof establishes that the party has failed to plead or otherwise defend, the clerk enters that party’s default — the first, procedural step before any judgment.

From there, two paths lead to a judgment. If the plaintiff’s claim is for a sum certain, or an amount that can be made certain by computation, and the defendant was defaulted for failing to appear and is not an infant or incompetent person, the clerk enters judgment for that amount plus costs on the plaintiff’s request and affidavit. Every other case goes to the court, which can hold hearings, order an accounting, or determine damages as needed, and must give a party who already appeared in the case at least ten days’ written notice before the hearing on the default judgment application.

No default judgment can be entered until the moving party files an affidavit, based on personal knowledge, showing the defendant is not in military service under the Servicemembers Civil Relief Act — unless the court orders otherwise under that Act.

A default, and a default judgment already entered, can both be set aside for good cause, with a default judgment following the same standard as Rule 60(b). Whether the party asking for a default judgment is a plaintiff, third-party plaintiff, or a party who has brought a cross-claim or counterclaim, that judgment is always subject to Rule 54(c)’s limit on relief.

Frequently Asked Questions

When can the clerk enter a default judgment without the court getting involved?

Only when the plaintiff’s claim is for a sum certain or an amount that can be made certain by computation, the defendant was defaulted for failing to appear, and the defendant is not an infant or incompetent person. The clerk enters judgment for that amount and costs based on the plaintiff’s affidavit.

Does a defendant who already appeared in the case get notice before a default judgment is entered?

Yes. If the defendant has appeared, the defendant or the defendant’s representative must be served with written notice of the application for default judgment at least ten days before the hearing on it.

Can a default or a default judgment be reversed?

Yes, for good cause. The court can set aside an entry of default, and if a judgment has already been entered, it can set that aside too, applying the same standard as Rule 60(b).

Source & verification. The rule text is reproduced verbatim from the official Rhode Island Superior Court Rules of Civil Procedure (R.I. Super. Ct. R. Civ. P. 55). Prescribed by the Supreme Court of Rhode Island (R.I. Gen. Laws § 8-6-2). The plain-English summary is original and written by us. Last verified July 8, 2026. · Official source

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