Defaults and Default Judgments Under Rule 55: Procedures, Pitfalls, and Practice Tips

Faculty: Matthew C. Reeber, Esq. and Jennifer Sylvia, Esq. – Co-Chairs of the Superior Court Bench/Bar Committee

Description: In McCormick v. Narragansett Improvement Co., Inc., 314 A.3d 963, 966 (R.I. 2024) and Ferris v. Progressive Cas. Ins. Co., 263 A.3d 1247, 1250–51 (R.I. 2021), the Rhode Island Supreme Court addressed attempts by two defendants to vacate the entry of default.  In each case, the Rhode Island Supreme Court found that the defendant insufficiently met its burden to remove a default. 

The Court stated that “unexplained neglect” is always insufficient to remove a default, explained what facts must appear in an affidavit seeking to remove a default; and that unsupported representations by counsel are not enough to remove a default.  This CLE will review both the McCormick and Ferris decisions and provide guidance on how to remove a default and avoid a default judgment.   

The RIBA assumes no responsibility for opinions, statements, and facts in any CLE or Annual Meeting program. Neither the opinions expressed in any program, nor its content represent the official view of the Rhode Island Bar Association or the views of its members.

This program has been approved for credit in the following jurisdiction(s):

Rhode Island Supreme Court, Mandatory Continuing Legal Education

Credit has been approved with the Rhode Island Supreme Court, Mandatory Continuing Legal Education for 1.00 General credit.

Virtual via Zoom - Confirmation Email Contains Link Information

Materials available with registration: