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Rhode Island Motion to Set Aside a Default Judgment

Rhode Island splits the stages: an entry of default is set aside for good cause under Rule 55(c), but a default judgment routes through Rule 60(b), with a one-year outer limit.

Introduction

A motion to set aside a default judgment asks the court to undo a judgment entered against you because you did not respond to the lawsuit in time, so the case can be reopened and decided on the merits. Rhode Island splits the process into two textual stages. Before a judgment enters, an entry of default (the court's record that you did not answer) is set aside for 'good cause shown' under R.I. Super. R. Civ. P. 55(c). Once a default judgment has actually entered, Rule 55(c) expressly routes you back through Rule 60(b), so the standard becomes stricter. The main ground is R.I. Super. R. Civ. P. 60(b)(1): relief from a final judgment for mistake, inadvertence, surprise, or excusable neglect. The motion must be made within a reasonable time, and for that ground no more than one year after the judgment was entered. Rhode Island case law construing this rule generally asks you to show excusable neglect and a meritorious defense (a real defense you would raise if the case reopens), so confirm the current standard with your court. If the judgment is void under Rule 60(b)(4), most often because you were never properly served, the one-year cap does not apply, though a reasonable time still does. DocDraft drafts a Rhode Island motion to set aside a default judgment from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    A default judgment is the judgment entered when a defendant does not respond in time. In Rhode Island you undo it with a motion to set aside, which reopens the case so it can be decided on the merits instead of by default.

  2. 2

    Rhode Island splits the two stages textually. An entry of default is set aside for 'good cause shown' under R.I. Super. R. Civ. P. 55(c). Once a default judgment has entered, Rule 55(c) sends you back through Rule 60(b), where the standard is stricter.

  3. 3

    The main ground for a default judgment is R.I. Super. R. Civ. P. 60(b)(1): mistake, inadvertence, surprise, or excusable neglect. You explain the facts that caused the default and why the neglect should be excused.

  4. 4

    The deadline is time-sensitive. The motion must be made within a reasonable time, and for ground (1) no more than one year after the judgment was entered. The one year is an outer limit, not a grace period, so file as soon as you can.

  5. 5

    Rhode Island case law construing Rule 60(b)(1) generally asks the movant to show excusable neglect together with a meritorious defense (a real defense to the underlying claim). This two-part test comes from case law, not the rule text, so confirm the current standard with your court.

  6. 6

    If you were never properly served, the judgment may be void. R.I. Super. R. Civ. P. 60(b)(4) lets the court set aside a void judgment, and the one-year cap that applies to grounds (1), (2), and (3) does not bind a void-judgment motion, though a reasonable time still applies.

  7. 7

    The Superior Court Rules of Civil Procedure do not prescribe a mandatory statewide fill-in form for this motion. Relief is sought by an ordinary written motion under Rule 55(c) or Rule 60(b), typically supported by an affidavit. Confirm your court's filing method and any local form.

Key decisions before you file

Before you file a Motion to Set Aside a Default Judgment in Rhode Island, a few decisions shape the document: which option to choose and what each one means. The Motion to Set Aside a Default Judgment guide walks through them.

Open the Motion to Set Aside a Default Judgment guide

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STATE OF RHODE ISLAND SUPERIOR COURT [COUNTY] COUNTY

[PLAINTIFF NAME], Plaintiff,

 v.

[DEFENDANT NAME], Defendant.

C.A. No.: [CASE NUMBER]

DEFENDANT'S MOTION TO SET ASIDE DEFAULT JUDGMENT AND AFFIDAVIT IN SUPPORT

[R.I. Super. R. Civ. P. 55(c) and 60(b)]

NOW COMES Defendant [DEFENDANT NAME] and respectfully moves this Court to set aside the default judgment entered in this action on [DATE OF JUDGMENT], and to reopen the case so it may be decided on the merits. In support, Defendant states:

  1. Vehicle. An entry of default may be set aside for good cause shown under R.I. Super. R. Civ. P. 55(c). Because a default judgment has entered, Rule 55(c) provides that it may be set aside in accordance with R.I. Super. R. Civ. P. 60(b).

  2. Grounds. Relief is sought under Rule 60(b)(1) for mistake, inadvertence, surprise, or excusable neglect. The default occurred because [describe the mistake, inadvertence, surprise, or excusable neglect that caused the failure to respond].

  3. Timeliness. This motion is made within a reasonable time and, as to the ground stated above, within one year after the judgment was entered, as Rule 60(b) requires.

  4. Meritorious defense. Rhode Island case law construing Rule 60(b)(1) generally asks the movant to show a meritorious defense. Defendant has such a defense: [state the defense, for example the debt was paid, the amount is wrong, or Defendant is not the correct party].

  5. Void judgment (if applicable). [If Defendant was never properly served, add: The judgment is void under Rule 60(b)(4) because Defendant was not properly served, and the one-year limit does not apply to a void-judgment motion.]

AFFIDAVIT

I, [AFFIANT NAME], being duly sworn, state that the foregoing facts are true to the best of my knowledge and belief. [State the facts of the mistake, inadvertence, surprise, or excusable neglect, the date you learned of the judgment, and the defense you would raise.]

[AFFIANT NAME]

Subscribed and sworn to before me this ____ day of ______, 20.

Notary Public

RELIEF REQUESTED

WHEREFORE, Defendant respectfully requests that the Court set aside the default judgment entered on [DATE], permit Defendant to defend the case on the merits, and grant such other relief as the Court deems just.

Dated: [DATE]

[ATTORNEY OR SELF-REPRESENTED PARTY NAME] [Address] [Telephone] Attorney for Defendant / Defendant, Pro Se

CERTIFICATE OF SERVICE

I certify that on [DATE] I served a copy of the foregoing motion and affidavit on the plaintiff or plaintiff's counsel of record by [method of service], in accordance with the Rhode Island Rules of Civil Procedure.

[NAME OF PERSON SERVING]

[No mandatory statewide fill-in form is prescribed by the Superior Court Rules of Civil Procedure for this motion. Confirm the caption, filing method, and any local form or format requirement with the Superior Court where your case is pending.]

Rhode Island Requirements for Motion to Set Aside a Default Judgment

File within a reasonable time, and within one year for excusable neglect

Under R.I. Super. R. Civ. P. 60(b), the motion must be made within a reasonable time, and for mistake, inadvertence, surprise, or excusable neglect no more than one year after the judgment was entered. The one year is an outer limit, not a grace period, so file promptly.

Note that a void-judgment motion is not capped at one year

The one-year outer limit applies to grounds (1), (2), and (3). A motion to set aside a void judgment under R.I. Super. R. Civ. P. 60(b)(4) is not bound by the one-year cap, though it must still be brought within a reasonable time.

Identify the correct stage: entry of default versus default judgment

An entry of default is set aside for 'good cause shown' under R.I. Super. R. Civ. P. 55(c). Once a default judgment has entered, Rule 55(c) routes you through Rule 60(b), which is the stricter standard your motion must meet.

State the Rule 60(b)(1) ground and explain the facts

For a default judgment, the main ground under R.I. Super. R. Civ. P. 60(b)(1) is mistake, inadvertence, surprise, or excusable neglect. Identify which applies and explain the facts that caused the default and why the neglect should be excused.

Show a meritorious defense

Rhode Island case law construing Rule 60(b)(1) generally asks the movant to show a meritorious defense, meaning a real defense you would raise if the case reopens. This element comes from case law rather than the rule text, so confirm the current standard with your court.

Check whether the judgment is void for lack of service

If you were never properly served, the judgment may be void. R.I. Super. R. Civ. P. 60(b)(4) lets the court set aside a void judgment, and the one-year cap does not apply to a void-judgment motion.

Prepare the motion and supporting affidavit

The Superior Court Rules of Civil Procedure do not prescribe a mandatory statewide fill-in form. File an ordinary written motion under Rule 55(c) or Rule 60(b), supported by an affidavit stating the facts of the excusable neglect and the defense you would raise. Include the caption exactly as it appears in the case.

File in the Superior Court and complete a certificate of service

File in the Rhode Island Superior Court where the case is pending, serve the motion and affidavit on the plaintiff or plaintiff's counsel, and file a certificate of service. Confirm your court's filing method and any local requirement before filing.

Frequently Asked Questions

It is a request asking a Rhode Island court to undo a default judgment, which is the judgment entered against a defendant who did not respond to the lawsuit in time. Setting it aside reopens the case so you can defend it. After a judgment has entered, the motion is governed by R.I. Super. R. Civ. P. 60(b), and the main ground is mistake, inadvertence, surprise, or excusable neglect.

An entry of default is the court's record that you did not respond on time; a default judgment is the later judgment that decides the case against you. Rhode Island splits them textually. Under R.I. Super. R. Civ. P. 55(c) an entry of default is set aside for 'good cause shown.' Once a default judgment has entered, Rule 55(c) routes you through Rule 60(b), where the standard is stricter and time limits apply.

Under R.I. Super. R. Civ. P. 60(b), the motion must be made within a reasonable time, and for mistake, inadvertence, surprise, or excusable neglect no more than one year after the judgment was entered. The one year is an outer limit that runs from entry, so do not wait. If the judgment is void, the one-year cap does not apply, though a reasonable time still does.

For a default judgment, the main ground under R.I. Super. R. Civ. P. 60(b)(1) is mistake, inadvertence, surprise, or excusable neglect. Rhode Island case law construing the rule generally also asks you to show a meritorious defense, meaning a real defense you would raise if the case reopens. Because that element comes from case law rather than the rule text, confirm the current standard with your court.

Often yes. If you were never properly served, the court may have lacked jurisdiction and the judgment may be void. R.I. Super. R. Civ. P. 60(b)(4) lets the court set aside a void judgment. The one-year outer limit that applies to excusable-neglect and similar grounds does not bind a void-judgment motion, though it must still be brought within a reasonable time.

Rhode Island case law construing Rule 60(b)(1) generally asks you to show a meritorious defense, which is often made by affidavit describing the defense you would raise. Neither Rule 55(c) nor Rule 60(b) text expressly requires attaching a proposed responsive pleading, so whether your court wants one attached is not settled by the rules. Confirm your court's practice before you file.

You file it in the Rhode Island Superior Court where the case is pending, using the court and case number in the caption. The Superior Court Rules of Civil Procedure do not prescribe a mandatory statewide form for this motion, so it is filed as an ordinary written motion under Rule 55(c) or Rule 60(b), typically with a supporting affidavit. Check your court's local filing requirements.