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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 34-18-35

Citation
Section 34-18-35
Parent Document
Catelli v. Fleetwood, 842 A.2d 1078 (2004)
Jurisdiction
Rhode Island (state)
Effective Date
2004-03-11

Full Text

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The charge on the summons was clear; failure to answer or appear would result in default and judgment against the tenant. The summons was not a long form. The type was plain and large enough to be read by any literate person. The defendants here do not claim to be illiterate or non-English speaking. The form did not contain any “fine print” or legalese. The section instructing defendants to answer and appear at the hearing appeared less than halfway down the page of the single-page document. The defendants’ pro se status does not excuse their failure either to answer the complaint for eviction or to raise affirmative defenses, particularly when pleading a defense is made easier by the answer form accompanying the summons.