Supreme Court of Rhode Island

Keri Ellen Flynn v. Nicholas Al-Amir

December 16, 20022002 R.I. LEXIS 236

Summary

The court affirmed the denial of the defendant's motion to vacate a divorce judgment under Rule 60(b)(4). It held that service by certified mail at the defendant's last-known address was valid when his mother accepted the papers on his behalf and he received actual notice shortly thereafter. The court also held that the motion justice properly excluded the defendant's affidavits because the defendant and his mother were unavailable for cross-examination and the procedural prerequisites for the hearsay exception were not satisfied.

Holding

  • Timeliness of the Rule 60(b)(4) motion. A motion seeking relief on the ground that a judgment is void is not subject to the one-year limitation applicable to specified grounds under Rule 60(b).
  • Validity of service by certified mail. Service was valid where a close relation accepted the summons and complaint on the defendant's behalf at his last-known address and the evidence showed that the defendant obtained actual knowledge of the suit shortly thereafter.
  • Exclusion of affidavits from the motion hearing. The motion justice did not abuse his discretion by excluding the defendant's and his mother's affidavits because neither witness was available for cross-examination and the proponent failed to provide the notice required to invoke the residual hearsay exception.

Docket 2000-494-Appeal

Cited authorities

  • Rule 60(b)(4)
  • Rule 4(e)
  • Rule 4(e)(1)
  • Rule 60(b)(4)
  • Rule 60(b)
  • Rule 803(24) of the Rhode Island Rules of Evidence
  • Rule 60(b)
  • Rule 60(b)(4)

Cited by

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