Default Judgment

Defendant appealed the decision of the trial judge sustaining the violations of R.I.G.L. 1956 § 31-47-9 (operating a motor vehicle without evidence of insurance) and R.I.G.L. 1956 § 31-3-1 (operation of unregistered motor vehicle). The Appeals Panel held that the defendant’s failure to comply with procedural requirements, which resulted in the entry of a default judgment, must be accompanied by significant extenuating circumstances to justify vacating the default judgment. Here, the trial judge did not abuse his discretion when he denied the defendant’s motion to vacate the default judgment after thoroughly reviewing the evidence and the defendant’s excuses for missing the prior proceeding before denying the defendant’s motion.  Accordingly, the Court sustained the violations.

City of Woonsocket v. Jason Garfield-Demontigny, C.A. No. T12-0071 (March 28, 2013).pdf