Rhode Island Sample Letter to Clerk for filing Request for Default Judgment with Supporting Affidavit

State:
Multi-State
Control #:
US-0368LTR
Format:
Word; 
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This form is a sample letter in Word format covering the subject matter of the title of the form.

[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] Clerk of the Court [District Court Name] [District Court Address] [City, State, ZIP Code] Subject: Request for Default Judgment with Supporting Affidavit Dear Clerk of the Court, I hope this letter finds you well. I am writing to formally request the filing of a default judgment in the case of [Case Name and Docket Number] between myself (the plaintiff) and the defendant, [Defendant's Name]. I have previously filed a complaint against the defendant on [Date of Filing] alleging [Brief description of the nature of the case], which was duly served to the defendant on [Date of Service]. Despite complying with all legal procedures and requirements and giving appropriate notice, the defendant has failed to respond or enter a defense within the prescribed timeframe, leading to an apparent default. To support my request for a default judgment, I have attached a supporting affidavit outlining the relevant facts of the case and the defendant's failure to respond. The affidavit, signed under oath, details the following key points: 1. Chronology of events: This section provides a detailed account of the sequence of events leading up to the filing of the complaint, including any attempts made to resolve the matter out of court. 2. Service of Process: Here, I have included evidence that confirms the defendant's receipt of the summons and complaint, such as a copy of the return of service or certified mail receipt. 3. Failure to Respond: The affidavit outlines the defendant's failure to file an answer or respond to the complaint within the mandated time period provided by law. It establishes that the defendant has forfeited their right to participate in the case. 4. Merits of the Plaintiff's Case: This section briefly describes the nature and strength of the plaintiff's claims, highlighting the legal basis for seeking a default judgment. 5. Relief Sought: I have clearly specified the relief sought in the default judgment. This may include the amount of damages claimed, injunctive relief, or any other appropriate remedy under Rhode Island law. I request that you review the enclosed affidavit and supporting documentation, which I believe provides sufficient grounds for the granting of a default judgment in this matter. If there are any additional forms or fees required to complete this process, please let me know promptly, and I will provide them to you. I appreciate your attention to this matter and look forward to a swift resolution. Please do not hesitate to contact me if you require any further information or have any questions regarding this request. Thank you for your time and consideration. Sincerely, [Your Name]

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The court must not exclude a victim from a public court proceeding involving the crime, unless the court determines by clear and convincing evidence that the victim's testimony would be materially altered if the victim heard other testimony at that proceeding.

A participant meets the Rule of 60 if his or her age plus full years of service equal at least 60 and he or she either: (i) is at least age 50 with at least five full years of service; or (ii) is under age 50 with at least 20 full years of service.

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 ...

Rule 37 - Failure to Make or Cooperate in Discovery: Sanctions. (a)Motion for Order Compelling Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: (1)Appropriate Court.

Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court in which the action is pending.

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.

Rule 60(b) of the Federal Rules of Civil Procedure authorizes a court to relieve a party from a final judgment, order, or proceeding for various reasons, including ?mistake, inadvertence, surprise, or excusable neglect.? Fed.

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DEFAULT is hereby entered for the Plaintiff and against the Defendant. Date of Entry of Default. Clerk. /s/. STATE OF RHODE ISLAND JUDICIARY. DISTRICT ... Defendant to obtain a judgment of money damages) ... The document electronically filed and served is available for viewing and/or downloading from the Rhode ...Submit the form to the Court at the hearing if the Defendant has been properly served your Notice of Claim but does not appear in court for this Court hearing ... Dec 1, 2019 — (a). Default. The Clerk shall enter a default upon an application by a party that conforms to the requirements of Fed. R. Civ. P. 55(a). (b) ... Dec 1, 2016 — Any affidavit supporting a motion must be served with the motion. ... affidavit or otherwise, the clerk must enter the party's default. (b) ... A default judgment gives you the same rights as a judgment entered in your favor after a trial. • Option 2: Ask for a “default judgment” from the Clerk. Jul 1, 1974 — An action in which trustee process is sought may be commenced only by filing the complaint with the court, together with a motion for approval ... Fill out the Default Affidavit and Request for Judgment (form SC- · 8). File ... Filing a Request to Set Aside Default Judgment does not automatically stop the ... Dec 20, 2013 — The defendant had one opportunity, for a period of 30 days following entry of the order, to file a motion to vacate the order of default. To ... 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 ...

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Rhode Island Sample Letter to Clerk for filing Request for Default Judgment with Supporting Affidavit