Default Judgment

Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-13-4 (obedience to devices) entered in default. Defendant claimed that his failure to appear at the original trial was because he was not from the area and he did not have transportation. The Appeals Panel held that, although the proper procedure following the entry of a default judgment is to file a motion to vacate, the defendant should be afforded an opportunity to be heard on the merits despite his failure to do so. The Court noted that the procedural rules of the Traffic Tribunal are “intended to provide for the just determination of every civil traffic violation.” Accordingly, the Court remanded the case for further proceedings.Town of Warren v. Marcus Monroe, C.A. No. M13-0011 (January 7, 2014).pdf