[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] The Honorable [Judge's Full Name] [Judge's Designation] [Rhode Island Court Name] [Court Address] [City, State, ZIP] Re: [Case Name], Case No. [Case Number] Dear Judge [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing to formally submit a Default Judgment in the aforementioned case. After due consideration and careful examination of the facts and circumstances of this case, it is my belief that issuing a Default Judgment is the most appropriate course of action. I would like to provide a detailed account of the events leading up to this request. On [Date], the plaintiff, [Plaintiff's Name], filed a complaint against the defendant, [Defendant's Name], alleging [Brief summary of the plaintiff's claims]. Despite being duly served with the complaint and the opportunity to respond within the timeframe stipulated by Rhode Island law, the defendant has chosen not to file an answer or appear in court. In accordance with the Rhode Island Superior Court Rules of Civil Procedure, Rule 55, a default judgment may now be entered against the defendant due to their failure to respond or appear. As per Rule 55(c), a hearing is not required in this case as the entry of a default judgment is proper and there are no disputed issues of material fact. The relief sought in this case includes [Specify the remedies sought by the plaintiff]. The evidence provided by the plaintiff substantiates their claims, and no contradictory evidence or defense has been presented by the defendant. Therefore, it is my firm belief that the plaintiff is entitled to a Default Judgment in their favor. Enclosed with this letter, please find the following documents in support of our request: 1. Affidavit(s) of Service, confirming proper service of process on the defendant. 2. Proof of Notice, demonstrating that the defendant was informed of the consequences of failing to respond. 3. Copies of the filed complaint, summons, and related documents. 4. Any additional supporting evidence or exhibits. I kindly request that you review the enclosed documents and consider granting the Default Judgment to ensure an efficient and fair resolution to this case. I understand that the Rhode Island Court follows the principal of equity, and it is in the interest of justice that the plaintiff be granted the relief sought in their complaint due to the defendant's failure to participate in these proceedings. Should you require any further information or documentation, please do not hesitate to contact me at your convenience. Thank you for your attention to this matter. Yours respectfully, [Your Name]
Rhode Island Sample Letter to Judge submitting Default Judgment
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How to fill out Rhode Island Sample Letter To Judge Submitting Default Judgment?
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FAQ
When a party fails to answer or otherwise respond to a complaint, the Clerk may enter a default upon the motion of another party. If the defaulting party fails to cure the default after proper notice, plaintiff may motion the court for a judgment to be entered awarding the plaintiff the relief sought in the complaint.
What is an Order of Default? An order of default is a court order saying that one party (usually the plaintiff) has won the case, and the defendant has lost, because the defendant did not participate in the case. The order of default does not settle the issue of how much money is owed.
On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) Mistake, inadvertence, surprise, or excusable neglect; (2) Newly discovered evidence which by due diligence could not have been discovered ...
Once the default has been entered the defendant will no longer be allowed to fight the case in court. The landlord can then ask the court for a judgment for possession of the property and the money that is owed by the defendant.
An entry of default is the first step to obtaining a default judgment against a party, and allows you to proceed in the action without further notice or input from the opposing party.
Rule 12 - Pleadings and Motions before Trial-defenses and Objections. (a)Pleadings and Motions. Pleadings in criminal proceedings shall be the indictment, information, or complaint, and the pleas of not guilty, guilty and nolo contendere.
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.
Rule 23 - Trial by Jury or by the Court. (a)Trial by Jury. Cases required to be tried by jury shall be so tried unless the defendant in open court waives a jury trial in writing with the approval of the court.
