Attorney General Peter Kilmartin


Rhode Island District Court
Civil Rules of Procedure

VII. Judgement

Index:

  1. Judgement

    1. RULE 54. JUDGMENT--COSTS
      1. Definitions.
      2. Judgment
      3. Demand for Judgment
      4. Allowance of Costs.
      5. Taxation of Costs.
      6. Costs on Depositions.
      RULE 55. DEFAULT
      1. Entry.
      2. Judgment.
      3. Setting Aside Default.
      4. Plaintiffs, Counterclaimants, Cross-Claimants.
      RULE 56. SUMMARY JUDGMENT
      1. For Claimant.
      2. For Defending Party.
      3. Motion and Proceedings Thereon.(d) Case Not Fully Adjudicated on Motion.
      4. Form of Affidavits; Further Testimony; Defense Required.
      5. When Affidavits Are Unavailable.
      6. Affidavits Made in Bad Faith.
      RULE 57. [RESERVED]
      RULE 58. ENTRY OF JUDGMENT
      1. After Trial or Hearing.
      2. By Agreement.
      3. Upon Order of Supreme Court. The clerk shall enter any judgment specifically directed by the Supreme
      Court.
      RULE 59. [RESERVED]
      RULE 60. RELIEF FROM JUDGMENT OR ORDER
      1. Clerical Mistakes.
      2. Mistake; Inadvertence;
      RULE 61. [RESERVED]
      RULE 62. STAY OF PROCEEDINGS TO ENFORCE A JUDGMENT
      1. Automatic Stay.
      2. Stay on Motion to Vacate Judgment.
      3. [Reserved].
      4. Stay Upon Appeal.
      5. Stay of Judgment as to Multiple Claims or Multiple Parties.
      6. Power of Judges Not Limited.
      RULE 63. [RESERVED]


RULE 54. JUDGMENT--COSTS

    1. (a) Definitions. "Judgment" as used in these rules is the formal disposition of a claim by the court. A judgment shall not contain a recital of pleadings or the record of prior proceedings.
    2. (b) Judgment Upon Multiple Claims or Involving Multiple Parties. When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third-party claim, or when multiple parties are involved, the court may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties only upon an express determination that there is not just reason for delay and upon an express direction for the entry of judgment. In the absence of such determination and direction, any order or other form of decision, however designated, which adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties shall not terminate the action as to any of the claims or parties, and the order or other form of decision is subject to revision at any time before the entry of judgment adjudicating all the claims and the rights and liabilities of all the parties.
    3. (c) Demand for Judgment. A judgment by default shall not be different in kind from or exceed in amount that prayed for in the demand for judgment. Except as to a party against whom a judgment is entered by default, every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled even if the party has not demanded such relief in his or her pleadings.
    4. (d) Allowance of Costs. Costs shall be allowed as of course to the prevailing party as provided by statute and by these rules unless the court otherwise specifically directs.
    5. (e) Taxation of Costs.
      1. (1) With Notice. Costs may be taxed by the court upon five (5) days' notice. A copy of the bill of costs, specifying the items in detail, and a copy of any supporting affidavits shall be served with the notice.
      2. (2) Without Notice. Costs may be taxed without notice by the clerk upon inspection of the proceedings and files. A party who has obtained taxation of costs without notice shall immediately thereafter serve upon the adverse party notice of the items so taxed. Within five (5) days after such service, any such adverse party may serve notice of retaxation of costs by the court upon five (5) days' notice to the party who has obtained taxation of costs, specifying the items as to which retaxation is sought.
    6. (f) Costs on Depositions. The taxation of costs in the taking of depositions shall be subject to the discretion of the court. No costs shall be allowed unless the court finds that the taking of the deposition was reasonably necessary, whether or not the deposition was actually used at the trial. Taxable costs may include the cost of service of subpoena upon the deponent, the reasonable fee of the officer before whom the deposition is taken, the fees and mileage allowances of witnesses, the stenographer's reasonable fee for attendance, and the cost of the transcript of the testimony or such part thereof as the court may fix.

RULE 55. DEFAULT

    1. (a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default.
    2. (b) Judgment. Judgment by default may be entered as follows:
      1. (1) By the Clerk. When the plaintiff's claim against a defendant is for a sum certain or for a sum which can by computation be made certain, the clerk upon request of the plaintiff and upon affidavit of the amount due shall enter judgment for that amount and costs against the defendant, if the defendant has been defaulted for failure to appear and if the defendant is not an infant or incompetent person.
      2. (2) By the Court. In all other cases the party entitled to a judgment by default shall apply to the court therefor; but no judgment by default shall be entered against an infant or incompetent person unless represented in the action by a guardian, guardian ad litem, or such other representative who has appeared therein. If the party against whom judgment by default is sought has appeared in the action, the party (or, if appearing by representative, the party's representative) shall be served with written notice of the application for jud gment at least three (3) days prior to the hearing on such application. If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the court may conduct such hearings or order such references as it deems necessary and proper.
      3. (3) Affidavit Required. Notwithstanding the foregoing, no judgment by default shall be entered until the filing of an affidavit made by some competent person on the affiant's own knowledge, setting forth facts showing that the defendant is not a person in military service as defined in Article 1 of the "Soldiers' and Sailors' Civil Relief Act" of 1940, as amended, except upon order of the court in accordance with that Act.
    3. (c) Setting Aside Default. For good cause shown the court may set aside an entry of default and, if a judgment by default has been entered, may likewise set it aside in accordance with Rule 60(b).
    4. (d) Plaintiffs, Counterclaimants, Cross-Claimants. The provisions of this rule apply whether the party entitled to the judgment by default is a plaintiff, a third-party plaintiff, or a party who has pleaded a cross-claim or counterclaim. In all cases a judgment by default is subject to the limitations of Rule 54(c).

RULE 56. SUMMARY JUDGMENT

    1. (a) For Claimant. A party seeking to recover upon a claim, counterclaim, or cross-claim may, at any time after the expiration of twenty (20) days from the commencement of the action or after service of a motion for summary judgment by the adverse party, move with or without supporting affidavits for a summary judgment in his or her favor upon all or any part thereof.
    2. (b) For Defending Party. A party against whom a claim, counterclaim, or cross-claim is asserted may, at any time, move with or without supporting affidavits for summary judgment in the party's favor as to all or any part thereof.
    3. (c) Motion and Proceedings Thereon. The motion shall be served at least ten (10) days before the time fixed for the hearing. The adverse party prior to the day of hearing may serve opposing affidavits. The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages.
    4. (d) Case Not Fully Adjudicated on Motion. If on motion under this rule judgment is not rendered on the whole case or for all the relief asked and a trial is necessary, the court at the hearing of the motion, by examining the pleadings and the evidence before it and by interrogating counsel, shall if practicable ascertain what material facts are actually and in good faith controverted. It shall thereupon make an order specifying the facts that appear without substantial controversy, including the extent to which the amount of damages or other relief is not in controversy, and directing such further proceedings in the action as are just. Upon the trial of the action the facts so specified shall be deemed established, and the trial shall be conducted accordingly.
    5. (e) Form of Affidavits; Further Testimony; Defense Required. Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of his or her pleading, but his or her response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If the adverse party does not so respond, summary judgment, if appropriate, shall be entered against the party.
    6. (f) When Affidavits Are Unavailable. Should it appear from the affidavits of a party opposing the motion that the party cannot for reasons stated present by affidavit facts essential to justify his or her opposition, the court may refuse the application for judgment or may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had or may make such other order as is just.
    7. (g) Affidavits Made in Bad Faith. Should it appear to the satisfaction of the court at any time that any of the affidavits presented pursuant to this rule are presented in bad faith or solely for the purpose of delay, the court shall forthwith order the party employing them to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused him or her to incur, including reasonable attorney's fees, and any offending party or attorney may be adjudged guilty of contempt.

RULE 57. [RESERVED]

RULE 58. ENTRY OF JUDGMENT

    1. (a) After Trial or Hearing. Subject to the provisions of Rule 54(b) the clerk, unless the court otherwise orders, shall forthwith prepare, sign, and enter the judgment without awaiting any direction by the court. Every judgment shall be set forth in writing. A judgment is effective and shall be deemed entered when so set forth and signed by the clerk or the judge. Entry of judgment shall not be delayed for the taxing of costs.
    2. (b) By Agreement. Subject to the provisions of Rule 54(b) the clerk, without awaiting any direction by the court, may enter judgment for a sum certain or denying relief upon agreement or submission in writing by the parties or their attorneys of record, except when any party is an infant or incompetent person.
    3. (c) Upon Order of Supreme Court. The clerk shall enter any judgment specifically directed by the Supreme Court.

RULE 59. [RESERVED]

RULE 60. RELIEF FROM JUDGMENT OR ORDER

    1. (a) Clerical Mistakes. Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal such mistakes may be so corrected before the appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court.
    2. (b) Mistake; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud, etc. On motion and upon such terms as are just the court may relieve a party or the party's legal representative from a final judgment, order, or proceeding for the following reasons:
      1. (1) mistake, inadvertence, surprise, or excusable neglect;
      2. (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b);
      3. (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party;
      4. (4) the judgment is void;
      5. (5) the judgment has been satisfied, released, or discharged or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or
      6. (6) any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time, and not more than one year after the judgment, order, or proceeding was entered or taken. A motion under this subdivision (b) does not affect the finality of a judgment or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding, or to set aside a judgment for fraud upon the court. Writs of coram nobis, coram vobis, audita querela, and bills of review and bills in the nature of a bill of review, are abolished, and the procedure for obtaining any relief from judgment shall be by motion as prescribed in these rules or by an independent action.

RULE 61. [RESERVED]

RULE 62. STAY OF PROCEEDINGS TO ENFORCE A JUDGMENT

    1. (a) Automatic Stay. No execution shall issue upon a judgment until the expiration of two (2) days after its entry.
    2. (b) Stay on Motion to Vacate Judgment. In its discretion and on such conditions for the security of the adverse party as are proper, the court may stay the execution of or any proceedings to enforce a judgment pending the disposition of a motion for relief from a judgment or order made pursuant to Rule 60.
    3. (c) [Reserved].
    4. (d) Stay Upon Appeal. No execution shall issue upon any judgment after an appeal therefrom to the Superior Court has been claimed in accordance with statutes and applicable procedural rules.
    5. (e) Stay of Judgment as to Multiple Claims or Multiple Parties. When a court has ordered a final judgment under the conditions stated in Rule 54(b), the court may stay enforcement of that judgment until the entering of a subsequent judgment or judgments and may prescribe such conditions as are necessary to secure the benefit thereof to the party in whose favor the judgment is entered.
    6. (f) Power of Judges Not Limited. The provisions of this rule do not limit the statutory power of any judge to stay execution upon motion and for cause shown.

RULE 63. [RESERVED]