Default Judgment

Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-47-9 (driving without insurance) entered in default. The District Court held that in addition to providing a valid excuse for not appearing, “a defendant must also show the potential of a meritorious claim or defense so as to prevent needless protraction of litigation.” Here, the Court found that there was substantial, probative, and reliable evidence to sustain the judgment against the defendant.  Accordingly, the decision of the trial judge were not clearly erroneous and the District Court affirmed the violation against the defendant.

Gerald Desir v. RITT, A.A. No. 03-128 (June 8, 2004).pdf