Providence County Superior Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Case Law
- 2 copies
Courtesy copies
- 2 copies • Mail
- 2 copies • When Fully Briefed
- Email • When Fully Briefed
Legal Authorities
- Within 30 Days Before Hearing
Motion, Affidavit, Objection
- 2 copies
Adjournments
- Every request to continue a dispositive motion requires approval from the Business Calendar Justice.
- Every request to continue a non-dispositive motion requires Clerk approval.
- Deadlines in the order may be extended only by the Court and only for good cause shown.
- +15 more
Request must include
- The continuance email must be sent no later than 4:00 PM two business days before the motion's scheduled hearing day.
- An extension of a filing deadline must be requested at least seven days before the deadline and approved by the Hearing Justice.
- A continuance of a hearing date must be requested at least fourteen days before the hearing and approved by the Hearing Justice.
Communication
Clerk6 contacts
Chambers2 contacts
Other Contacts1 contacts
Page & Word Limits1 rule
No findings of fact and conclusions of law or opinions supporting an award are required unless requested by a party which in no event shall exceed two (2) pages.
- Award
- Up to 2 pages
- Findings of fact and conclusions of law
- Opinion supporting award
Document Format Requirements18 rules
Every memorandum of law must be printed or typewritten, distinctly legible, signed as required, and include a concise case statement, numbered questions, and the point with supporting authorities.
- Memorandum of law
Formatting
- •Printed or typewritten
- •Distinctly legible
Court's wording
Every memorandum of law filed with the court shall be printed or typewritten, shall be distinctly legible, shall be signed by the attorney presenting it in accordance with Art. X, Rule 7 of the Rhode Island Supreme Court Rules Governing Electronic Filing, and shall contain: (1) A brief and concise statement of the case; (2) The specific questions raised duly numbered; and (3) The point made, together with the authorities relied on in support thereof.
Scheduling Orders will be in the format attached hereto and shall be submitted by email to Justice Licht in word format prior to e-filing.
- Scheduling order
Formatting
- •Word format
(I) Signature. Where the Super.R.Crim.P. require an electronic signature on any document, the signature shall be reflected as /s/ NAME unless stated otherwise.
Formatting
- •Electronic signatures must be reflected as /s/ NAME unless stated otherwise
The complaint shall be in a form approved by the District Court.
- Criminal complaint
Formatting
- •Form approved by the District Court
A motion other than one made during a trial or hearing shall be in writing unless the court permits it to be made orally.
(F) Documents filed in a fillable portable document format (PDF);
Formatting
- •Documents must not be filed in fillable PDF format
The format of the case filings shall be in accordance with the Superior Court's Electronic Filing System Guidelines.
The label on the icon of the Word Document shall state a brief name of the case and the C.A. number.
All scheduling Orders and Amended Scheduling Orders will follow the template attached hereto as Exhibit C.
Prior to the initial status conference, the parties shall submit a proposed scheduling order to the Med/Mal Supervising Judge by e-mail in Word format.
- File type
- Word
- Proposed scheduling order
(E) Documents scanned and filed that are unreadable or illegible;
Formatting
- •Scanned documents must be readable and legible
(D) Documents, including any required documents, attachments, or exhibits, scanned in the wrong orientation, e.g., upside down or backwards;
(K) The document was improperly scanned or uploaded;
Formatting
- •Documents must be properly scanned and uploaded
(F) Documents filed in a fillable portable document format (PDF);
Formatting
- •Documents may not be filed in a fillable portable document format (PDF)
For matters extensively briefed, it is also requested that the parties submit electronic copies in Word format to the Motion Calendar Clerk at the applicable email address in order to assist the Court in expediting the preparation of a bench memo.
- File type
- Word
The information package or indictment may be filed in one PDF with a Table of Contents as the first page.
- File type
- Criminal information package
- Indictment
For matters extensively briefed, it is also requested that the parties submit electronic copies in Word format to the Formal and Special Cause Calendar Clerk at the applicable email address in order to assist the Court in expediting the preparation of a bench memo.
- File type
- Word
(e) The parties are requested to submit electronic copies in Word format to the Motion Calendar Clerk at the applicable email address in order to assist the Court in expediting the preparation of a bench memo.
- File type
- Word
- Bench memo
Document Filing Requirements90 rules
(7) A certification that the movant has served a copy of the submission on each attorney of record for each of the adverse parties whose cause is assigned during the period for which the excuse is sought.
When examination of record evidence may be necessary, each party's brief must identify the leading established facts and cite the pages containing supporting evidence.
Court's wording
In cases where it may be necessary for the court to go into an examination of record evidence, each party shall briefly specify in his or her brief the leading facts which the party deems established by the evidence, with a reference to the pages where the evidence of such facts may be found.
(3) The point made, together with the authorities relied on in support thereof.
All parties must provide the court with a pre-trial memorandum before a non-jury civil matter may proceed to trial or disposition.
Court's wording
No cause assigned to the civil trial calendar which is to be tried on the merits to the court without the intervention of a jury shall proceed to trial or disposition until all of the parties to the cause shall have provided the court with a pre-trial memorandum.
Counsel are required to fill out the entire referral form prior to submission.
Parties must sign the Certificate of Completion and Medical Malpractice Trial Request before trial assignment.
Court's wording
Require the parties to sign a Certificate of Completion, attached hereto as Exhibit A, and a Medical Malpractice Trial Request form, attached hereto as Exhibit B, before the case is assigned to a justice for trial.
Prior to the initial status conference, the parties shall submit a proposed scheduling order to the Med/Mal Supervising Judge by e-mail in Word format.
Once the parties have completed discovery and mediation, they will execute a Certificate of Completion, and the case will be eligible to be assigned to a trial date certain.
After the parties execute the Certificate of Completion, the parties shall fill out the Medical Malpractice Trial Request Form.
The undersigned hereby certify that this case is ready for trial assignment and that no outstanding discovery or expert witness disclosure or deposition will interfere with such assignment. No learned treatises or amendments to pleadings will delay the trial date certain.
Counsel shall submit completed Disposition paperwork to the Courtroom 4 Clerk before the Judge takes the bench.
If the parties reach a resolution, they must advise the Court by email to Courtroom4@courts.ri.gov and file a dismissal stipulation.
Defense attorneys are reminded to have ALL forms appropriate to their client’s Disposition fully executed, including an affidavit of surrender of firearms for domestic cases, special conditions of probation, waivers, etc.
Mediations may be granted provided the parties have agreed to participate in a mediation and the mediation form is completed and filed.
service of Case Initiating Document(s) shall include the Language Assistance Notice which informs the recipient of the right to
- Document
- Case initiating document
Must include
- •Language Assistance Notice
A request to waive service must satisfy specified writing, addressee, dispatch, attachment, disclosure, dating, response-period, and extra-copy requirements.
Court's wording
The notice and request: Page 5 of 101 February 2024 ===== PAGE 6 ===== (A) Shall be in writing and shall be addressed directly to the defendant, if an individual, or else to an officer or managing or general agent (or other agent authorized by appointment or law to receive service of process) of a defendant subject to service under the laws of this state; (B) Shall be dispatched through the EFS, first-class mail, or other reliable means; (C) Shall be accompanied by a copy of the complaint, Language Assistance Notice, and all other required documents and shall identify the court in which it has been filed; (D) Shall inform the defendant of the consequences of compliance and of a failure to comply with the request; (E) Shall set forth the date on which the request is sent; (F) Shall allow the defendant a reasonable time to return the waiver to the plaintiff, which shall be at least thirty (30) days from the date on which the request is sent, or sixty (60) days from that date if the defendant is addressed outside the United States; and (G) If needed, shall provide the defendant with an extra copy of the notice and request, as well as a prepaid means of compliance in writing.
Relevant discovery materials must be filed as exhibits with motions or oppositions under specified discovery motions and summary-judgment filings when relied upon.
Court's wording
Notwithstanding anything in this Rule 5(d), any party pressing or opposing any motion for relief under Rules 26(c) or 37 shall file copies of the relevant portions of discovery materials with the court as exhibits to any such motion or opposition. If any moving party under Rule 56 or any opponent relies on discovery documents, copies of the pertinent parts thereof shall be filed with the motion or opposition.
Papers requiring service must be filed with a certificate of service within a reasonable time after service, while the listed discovery materials need not be filed until used in the proceeding or ordered filed by the court.
- Document
- Papers after complaint
Must include
- •Certificate of service
Court's wording
All papers after the complaint required to be served upon a party, together with a Certificate of Service in accordance with Rule 1(b)(1)(B) shall be filed with the court within a reasonable time after service, but the following discovery requests and responses shall not be filed with the court until they are used in the proceeding or the court orders their filing: (1) Interrogatories; (2) Requests for documents or to permit entry upon land; (3) Requests for admission; (4) Answers and responses to items (1) through (3) above; (5) Notices of deposition; and (6) Transcripts of depositions.
Every pleading shall contain a caption setting forth the name of the court, the county, the title of the action, the file number, and a designation as in Rule 7(a).
- Document
- Pleading
- Placement
- Caption
Every pleading, written motion, and other paper submitted by a represented party must be personally signed by an attorney of record and include that attorney's address, email address, bar number, and telephone number.
Court's wording
In accordance with Art. X, Rule 7 of the Rhode Island Supreme Court Rules Governing Electronic Filing, every pleading, written motion, and other paper of a party represented by an attorney shall be personally signed by at least one (1) attorney of record in the attorney's individual name and shall state the attorney's address, email address, bar number, and telephone number.
A motion or answer asserting failure to state a claim must include a short, concise statement of the grounds for that defense.
Court's wording
A motion or an answer presenting the defense of failure of a pleading to state a claim upon which relief can be granted shall be accompanied by a short, concise statement of the grounds on which such defense is based.
(F) Any motion under Rule 26(a)(2) must include a certification that the movant has in good faith conferred or attempted to confer with the other party or parties in an effort to agree upon a plan relating to the discovery of electronically stored information without court action.
(C) If discovery of electronically stored information is reasonably likely to be sought, then: (i) The parties shall develop and memorialize a proposed plan relating to discovery of the information; and
A motion to compel discovery must include a good-faith conferral or attempted-conferral certification.
- Document
- Discovery motion
Must include
- •Certificate of conference
Court's wording
The motion must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make the discovery in an effort to secure the information or material without court action.
Every subpoena must be issued by an authorized officer, identify the court and action, state the required command, and include the text of Rule 45(c) and (d).
Court's wording
45. Subpoena. — (a) Form; Issuance. (1) Every subpoena shall: (A) Be issued by the clerk of court or a notary public or other officer authorized by statute; (B) State the name of the court from which it is issued; (C) State the title of the action, the name of the court in which it is pending, and its civil action number; (D) Command each person to whom it is directed to attend and give testimony or to produce and permit inspection, copying, testing, or sampling of designated documents, electronically stored information, or tangible things in the possession, Page 67 of 101 February 2024 ===== PAGE 68 ===== custody, or control of that person or to permit inspection of premises at a time and place therein specified; and (E) Set forth the text of subdivisions (c) and (d) of this rule.
A default judgment requires an affidavit by a competent person with personal knowledge stating facts showing that the defendant is not in military service, unless the court orders otherwise under the Servicemembers Civil Relief Act.
Court's wording
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 the Servicemembers Civil Relief Act (50 Page 79 of 101 February 2024 ===== PAGE 80 ===== U.S.C.A. App. § 501, et seq.), except upon order of the court in accordance with that Act.
The applicant's attorney certifies to the court in writing the efforts, if any, which have been made to give the notice and the reasons supporting the claim that notice should not be required.
An ex parte temporary receiver may be appointed only from a sworn written application accompanied by a satisfactory attorney certificate stating good faith, the need for a receiver, and the desirability of temporary protection pending a final hearing.
Court's wording
A temporary receiver shall not be appointed ex parte except upon a showing in writing by the applicant under oath, accompanied by the certificate of the applicant's attorney, satisfactory to the court, that the application is made in good faith for the protection of the business property or assets affected by such appointment; that facts be set forth justifying the appointment of a receiver and the appointment of a temporary receiver is desirable Page 87 of 101 February 2024 to protect the status quo pending final hearing for the appointment of a receiver.
Every injunction and restraining order must use specific terms, describe in reasonable detail the acts restrained, and state the persons and entities bound by the order.
Court's wording
(d) Form and Scope of Injunction or Restraining Order. Every order granting an injunction and every restraining order shall be specific in terms; shall describe in reasonable detail the act or acts sought to be restrained; and is binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise.
The court may require a temporary-receiver decree to include the prescribed matters, but a conforming decree is mandatory when the temporary receivership has lasted more than 30 days.
Court's wording
The court may in its discretion require that a decree appointing a temporary receiver shall include the matters provided for in this rule, and in every case where a temporary receivership shall have continued for a period of more than thirty (30) days a decree shall be entered in accordance with the provisions of this rule.
A permanent-receiver decree must address operation of the business if sought and establish definite deadlines for the receiver's inventory, financial-condition statements, creditor reports, and creditor or claimant claims.
Court's wording
(d) Form of Decree. The decree appointing a permanent receiver shall include, among other matters, orders with respect to the operation of the business by the receiver if such operation is sought, and shall definitely fix: (1) The time for filing of an inventory by the receiver; (2) The time for filing of statements of assets and financial condition of the receivership; (3) The time for filing of reports respecting creditors, debtors, and claimants; and (4) The time within which creditors and claimants shall file their claims.
(e) Reports of Condition. Reports shall be filed in court by the receiver, unless otherwise ordered, every thirty (30) days, setting forth the financial condition of the receivership and, in case the receiver is operating the business, the receiver's recommendations as to its further continuance, and, if the receiver is not operating the business, the receiver's recommendations as to the disposition of the assets.
A denied ex parte temporary-receiver application may not be submitted to another judicial officer absent a material change in circumstances, and the original judicial officer must note the action in the case file.
Court's wording
If an application for the ex parte appointment of a temporary receiver is made to and denied by one (1) judicial officer of the court such application shall not be again made to any other judicial officer unless there is a material change in circumstances. The judicial officer to whom such application was originally presented shall note the judicial officer's action in the case file containing such application.
The trustee-process exemption-hearing notice must contain a certificate of service.
- Document
- Notice of exemption hearing
Must include
- •Certificate of service
Court's wording
The date for the hearing shall be not less than five (5) nor more than nine (9) days after the date of sending of the notice, in accordance with Rule 1(b)(1)(I) and contain the certificate of service in Rule 1(b)(1)(B).
Whenever a written order is required by the court, any interested party may file in the clerk's office an order carrying the same into effect with a Certificate of Service in accordance with Rule 1(b)(1)(B) that a copy has been sent to all the other parties.
- Document
- Written order
Must include
- •Certificate of service
2. Except where otherwise indicated, each pleading, motion, and other paper should have a caption similar to that of the forms listed above. In the caption of the complaint all parties must be named but in other pleadings and papers, it is sufficient to state the name of the first party on either side, with an appropriate indication of other parties. See Rules 4(b), 7(b)(2), and 10(a).
- Document
- Pleading motion other paper
Must include
- •Caption
3. Each pleading, motion, and other paper is to be signed in the individual name by at least one (1) attorney of record (Rule 11). The attorney's name is to be followed by his or her address, email address, bar number, and telephone number.
4. If a self-represented litigant, the signature, address, email address (if electing to utilize the EFS), and telephone number of the self-represented litigant are required in place of those of the attorney.
- Placement
- Signature block
The complainant must swear under oath to the facts stated in the criminal complaint before a judicial or warrant-issuing officer.
Court's wording
A judicial officer of the District Court or an officer empowered to issue warrants against persons charged with committing criminal offenses shall require the complainant to swear to the facts of the complaint under oath.
An arrest warrant must be signed by the issuing judicial officer, identify the defendant by name or a reasonably certain description, and describe the offenses charged in the complaint.
Court's wording
The arrest warrant shall be signed by the judicial officer issuing it and shall contain the name of the defendant or, if the defendant's name is unknown, any name or description by which the defendant can be identified with reasonable certainty. The arrest warrant shall describe the offense(s) charged in the complaint.
The complaint is a written statement setting forth the offense charged and shall be certified by the Office of the Attorney General or the authorized law enforcement agency.
If the defendant is not in custody or before the court, the judicial officer or other officer shall examine under oath the complainant and any witnesses and shall require their statements be reduced to writing and be subscribed and sworn to by the persons making them.
The summons shall be in a form approved by the District Court, describe the offense(s) charged in the complaint, and shall summon the defendant to appear at a stated time and place before a judicial officer of the District Court for the division in which the offense is alleged to have been committed.
The Office of the Attorney General or the authorized law enforcement agency shall have the defendant sign the summons or acknowledge that the defendant refused to sign.
After receiving notice of an insanity defense, the Attorney General must file and serve a written witness notice on the defendant no later than 30 days before trial.
Court's wording
In the event the defendant gives notice that the defendant intends to rely on the defense of insanity, the Attorney General shall, not later than thirty (30) days prior to commencement of trial, file with the court and serve upon the defendant a written notice stating the names and addresses of persons whom the State intends to call as witnesses to establish the defendant's sanity at the time of the alleged offense.
A defendant intending to rely on the defense of insanity must file a written notice with the court and serve the Attorney General within 30 days after entering the plea.
Court's wording
If a defendant who pleads not guilty intends to rely in any way on the defense of insanity, the defendant shall no later than thirty (30) days after the defendant enters the defendant's plea file a written notice of such intention with the court and serve a copy thereof upon the Attorney General.
Every witness subpoena must be issued by an authorized officer, identify the court and action, and command the witness to attend and testify at the specified time and place.
Court's wording
Every subpoena shall be issued by the clerk of court or a notary public or other officer authorized by statute, shall state the name of the court and the title of the action, and shall command each person to whom it is directed to attend and give testimony at a time and place therein specified.
Whenever a judge increases a sentence, the reasons for so doing must be made part of the record and must be based on objective information concerning identifiable conduct on the part of the defendant occurring after the time of the original sentencing proceeding.
(1) A motion seeking probation termination shall contain a signed certificate from the probation unit of the department of corrections stating that:
The motion shall state with particularity the grounds upon which it is made and shall set forth the relief or order sought. It may be supported by affidavit. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.
Leave to represent more than one defendant shall be granted by the Superior Court, in its discretion, upon motion in the form approved by the court, signed by the movant, and assented to by the defendant being represented and by Rhode Island associate trial counsel.
Filing & Service rules
Electronic Filing Rules
The Omnibus form, motion and memorandum, and supporting exhibits must be electronically filed and served at least 30 days before the dispositive-motion hearing.
The following documents must be filed and served using the Electronic Filing System (Super R. Civ. P. 1) at least thirty (30) days prior to the hearing date.
Civil cases
Page 1 | I. DISPOSITIVE MOTIONS — Filing and Scheduling of Dispositive Motions
After the supervising judge returns the proposed order, the parties must electronically file it.
The proposed Order will be e-mailed to the Med/Mal Supervising Judge and his/her clerk. The Med/Mal Supervising Judge shall approve and/or amend the proposed order as well as setting the date for the next conference. He/She shall return it to the parties who will then e-file it.
Page 2 | III. Scheduling Orders
Electronic filing through the Rhode Island Judiciary's Electronic Filing System is mandatory for all parties, except for incarcerated individuals and parties granted a waiver.
electronic filing is mandatory for cases in the Superior Court using the Rhode Island Judiciary's (Judiciary) Electronic Filing System. All parties are required to use the Judiciary's Electronic Filing System except for incarcerated individuals or where a waiver is granted in accordance with Art. X, Rule 3(c).
Page 1 | I. Scope of Rules and Mandatory Electronic Filing—One Form of Action
A required filing is made by electronic transmission through the Judiciary's electronic filing system or by scanning and filing the document at the clerk's office.
Where the Super.R.Civ.P. require a document to be filed, filing shall mean the electronic transmission of a document in electronic form to or from a court/clerk through the Judiciary's electronic filing system or scanned and filed into the Judiciary's CMS at the clerk's office.
Page 2 | I. Scope of Rules and Mandatory Electronic Filing—One Form of Action
Each case-initiating document, required document, attachment, or exhibit must be submitted as a separate file within the same initial EFS submission.
(A) All Case Initiating Document(s), including any required documents, attachments, or exhibits, shall be submitted individually as separate files within the same initial submission or filing;
Page 3 | I. Scope of Rules and Mandatory Electronic Filing—One Form of Action
Documents submitted through the EFS are subject to specified electronic-filing submission rules.
(3) Electronic Filing of Documents. When using the EFS:
Page 3 | I. Scope of Rules and Mandatory Electronic Filing—One Form of Action
Subsequent pleadings, motions, and papers must be submitted individually, with related documents and supporting materials filed as separate files in the same EFS submission.
(B) All subsequent pleadings, motions, and other papers, shall be submitted individually with related documents submitted as separate files within the same submission or filing (for example, a motion and memorandum or other supporting attachments or exhibits filed in support of a motion);
Page 3 | I. Scope of Rules and Mandatory Electronic Filing—One Form of Action
Incarcerated individuals, attorneys with an Article X, Rule 3(c) waiver, and self-represented litigants who do not elect electronic filing may submit the complaint and required documents with the fee by mail to the clerk or at the clerk's office.
Incarcerated individuals, attorneys who are granted a waiver pursuant to Art. X, Rule 3(c) of the Rhode Island Supreme Court Rules Governing Electronic Filing, and self- represented litigants who do not elect to electronically file pursuant to Art. X, Rule 3(b) may deposit the complaint and all other required documents with said fee in the mail addressed to the clerk or file the documents at the clerk's office.
Page 4 | II. COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADING, MOTIONS, AND ORDERS
When using the EFS, all pleadings, motions, and other papers must be filed under Rule 1(b)(3).
(c) Electronic Filing of Pleadings, Motions, and Other Papers. When using the EFS, all pleadings, motions, and other papers shall be filed in accordance with Rule 1(b)(3).
Page 16 | (c) Electronic Filing of Pleadings, Motions, and Other Papers
When using the EFS, all counterclaims and cross-claims must be filed in accordance with Rule 1(b)(3).
(j) Electronic Filing of Counterclaims and Cross-claims. When using the EFS, all counterclaims and cross-claims shall be filed in accordance with Rule 1(b)(3).
Page 23 | II. Commencement of Action; Service of Process, Pleading, Motions, and Orders
When using the EFS, all third-party documents must be filed in accordance with Rule 1(b)(3).
(d) Filing of Third-party Documents. When using the EFS, all third-party documents shall be filed in accordance with Rule 1(b)(3).
Page 24 | II. Commencement of Action; Service of Process, Pleading, Motions, and Orders
The Office of the Attorney General must initiate criminal cases electronically, with the content and format determined by the Superior Court.
The Office of the Attorney General shall initiate the criminal case through electronic means. The electronic content and format shall be determined by the Superior Court.
Criminal cases
Page 1 | I. SCOPE, PURPOSE, AND CONSTRUCTION
Subsequent pleadings in Superior Court criminal cases must be filed electronically through the Rhode Island Judiciary's Electronic Filing System.
In accordance with Article X of the Rhode Island Supreme Court Rules Governing Electronic Filing, electronic filing is mandatory for subsequent pleadings filed in a Superior Court criminal case by using the Rhode Island Judiciary's (Judiciary) Electronic Filing System.
Criminal cases
Page 1 | I. SCOPE, PURPOSE, AND CONSTRUCTION
All parties must use the Judiciary's Electronic Filing System except incarcerated self-represented individuals and parties granted a waiver under Article X, Rule 3(c).
Except for incarcerated individuals who are self-represented or where a waiver is granted in accordance with Article X, Rule 3(c), all parties are required to use the Judiciary's Electronic Filing System.
Criminal cases
Page 1 | I. SCOPE, PURPOSE, AND CONSTRUCTION
Subsequent pleadings, motions, and other papers must be submitted individually through the EFS, with related documents uploaded as separate files in the same submission or filing.
(2) Electronic Filing of Documents. When using the EFS: (A) All subsequent pleadings, motions, and other papers, shall be submitted individually with related documents submitted as separate files within the same submission or filing (for example, a motion and memorandum or other supporting attachments or exhibits filed in support of a motion); and
Criminal cases
Page 3 | II. PRELIMINARY PROCEEDINGS
The criminal information or indictment must be filed through the EFS as the lead document within two business days after eCharging acceptance.
(2) Criminal Information or Indictment. The criminal information or indictment shall be filed through the EFS as the lead document within two (2) business days of when the case is accepted by the court through eCharging.
Criminal cases
Page 4 | II. PRELIMINARY PROCEEDINGS
Every criminal case must be initiated through eCharging.
(1) Mandatory eCharging. All criminal cases shall be initiated through eCharging.
Criminal cases
Page 4 | II. PRELIMINARY PROCEEDINGS
Two sets of the criminal information package or indictment must be filed separately through the EFS as attachments.
(3) Criminal Information Package or Indictment. Two (2) sets of the criminal information package or indictment shall be filed separately through the EFS as attachments.
Criminal cases
Page 4 | II. PRELIMINARY PROCEEDINGS
Electronic filing through the Rhode Island Judiciary's Electronic Filing System is mandatory for arbitration cases, except for incarcerated individuals and filers granted a waiver.
(f) Mandatory Electronic Filing. In accordance with Article X of the Rhode Island Supreme Court Rules Governing Electronic Filing, electronic filing is mandatory for arbitration cases in the Superior Court using the Rhode Island Judiciary's (Judiciary) Electronic Filing System. All parties are required to use the Judiciary's Electronic Filing System except for incarcerated individuals or where a waiver is granted in accordance with Article X, Rule 3(c).
Page 2 | Rule 1(f). Mandatory Electronic Filing
Filing Timing and Cure Windows
An adverse attorney who objects to an excusal request must email the objection to the presiding justice immediately upon receiving the request.
An attorney of record for an adverse party who objects to the motion shall file an objection by email to the presiding justice at SCExcusal@courts.ri.gov immediately upon receipt of the submission.
Page 2 | I. GENERAL RULES
The pre-trial memorandum must be filed no later than the Tuesday before the Friday trial-calendar call.
The pre-trial memorandum shall be filed not later than the Tuesday preceding the Friday on which the case is scheduled for a trial calendar call.
Page 6 | Rule 2.8. Non-jury Matters (a)
The appeal must be dismissed if the transcript is not filed within 60 days of the entry of the appealed judgment, order, or decree, unless good cause is shown.
If the transcript is not filed within sixty (60) days of the entry of the judgment, order, or decree, except for good cause shown, the appeal shall be dismissed.
Page 7 | Rule 2.9(g)
A notice of appeal must be filed within 20 days after entry of the appealed judgment, order, or decree.
The notice of appeal required shall be filed within twenty (20) days of the date of the entry of the judgment, order, or decree appealed from.
Page 7 | Rule 2.9(e)
An objection, supporting memorandum, supporting documentation, and bench copies must be filed and delivered no later than 14 days before the hearing.
Objections, supporting memorandum/a, supporting documentation, and bench copies must be filed and delivered no later than fourteen (14) days prior to hearing.
Civil cases
Page 1 | I. DISPOSITIVE MOTIONS — Objections and Replies
The Clerk must receive a completed Omnibus Calendar Assignment form and assign a hearing date before scheduling a dispositive motion.
No dispositive motion will be scheduled until the Clerk has been presented with a completed Omnibus Calendar Assignment form and assigns a hearing date.
Civil cases
Page 1 | I. DISPOSITIVE MOTIONS — Filing and Scheduling of Dispositive Motions
Dispositive motions must be scheduled on the Business Calendar before they are filed.
All dispositive motions (Super. R. Civ. P. 12 & 56) shall be scheduled for hearing by the Clerk assigned to the Justice hearing the case on the Business Calendar, prior to filing.
Civil cases
Page 1 | I. DISPOSITIVE MOTIONS — Filing and Scheduling of Dispositive Motions
The Clerk may not schedule a dispositive-motion hearing earlier than 30 days after all required items are filed and delivered.
The Clerk will schedule a hearing upon the dispositive motion no sooner than thirty (30) days from the filing and delivery of all the above items.
Civil cases
Page 1 | I. DISPOSITIVE MOTIONS — Filing and Scheduling of Dispositive Motions
A reply, supporting memorandum, supporting documentation, and bench copies must be filed and delivered within seven days after the objection is filed.
Replies, supporting memorandum/a, supporting documentation, and bench copies must be filed and delivered within seven (7) days of the filing of an Objection.
Civil cases
Page 1 | I. DISPOSITIVE MOTIONS — Objections and Replies
Replies in non-dispositive motion practice must be filed at least one day before the hearing.
Replies must be filed at least one (1) day prior to the hearing with a bench copy sent electronically to the Clerk.
Civil cases
Page 2 | II. NON-DISPOSITIVE MOTIONS — Objections and Replies
Any deviation from either motion schedule requires written approval from the Business Calendar Justice.
Any deviation from the Dispositive or Non-Dispositive Motion schedule must be approved, in writing, by the Business Calendar Justice.
Civil cases
Page 2 | II. NON-DISPOSITIVE MOTIONS
Non-dispositive motions must be filed no later than 10 days before the scheduled hearing.
The motions shall be filed and served not later than (10) days before the time specified for the hearing. (Super. R. Civ. P. 7) with a bench copy sent electronically to the Clerk.
Civil cases
Page 2 | II. NON-DISPOSITIVE MOTIONS — Filing and Scheduling of Non-Dispositive Motions
Objections to non-dispositive motions must be filed at least three days before the hearing.
Objections must be filed and served at least three (3) days prior to the hearing with a bench copy sent electronically to the Clerk.
Civil cases
Page 2 | II. NON-DISPOSITIVE MOTIONS — Objections and Replies
The Superior Court reviews EFS submissions, notifies the filer whether they are accepted or rejected, and enters accepted documents into the docket with the filing date and time.
Following submission, the Superior Court shall timely review the electronically filed document(s) and shall notify the filing party as to whether the filing is accepted or rejected. Upon acceptance, the submitted document(s) shall be entered into the docket of the case and the docket shall reflect the date and time of filing as set forth in Article X, Rule 5(b) of the Rhode Island Supreme Court Rules Governing Electronic Filing.
Page 3 | I. Scope of Rules and Mandatory Electronic Filing—One Form of Action
If required papers are not filed within five days after service, the court may order immediate filing and may strike the papers if the order is not obeyed.
If any party to an action fails to file within five (5) days after the service any of the papers required by this rule to be filed, the court, on motion of any party or of its own initiative, may order the papers to be filed forthwith, and if the order be not obeyed, the court may order them to be regarded as stricken and their service to be of no effect.
Page 13 | II. Commencement of Action; Service of Process, Pleading, Motions, and Orders
The listed motions and their hearing notices must be served and filed at least ten days before the hearing.
The following motions and the notice of the hearing of such a motion shall be served and filed not later than ten (10) days before the time specified for the hearing.
Page 15 | (b) Motions and Other Papers
The listed motions are deemed granted as a matter of course unless a specific-ground objection is served and filed at least three days before the hearing.
The following motions shall be deemed to be granted as a matter of course and shall not be placed on the motion calendar unless objection stating the particular ground therefor is served and filed at least three (3) days before the time specified for its hearing:
Page 15 | (b) Motions and Other Papers
A party that received a partial jury demand may serve a demand for a jury trial on any other or all triable issues within ten days after service, or within any shorter period ordered by the court.
If the party has demanded trial by jury for only some of the issues, any other party within ten (10) days after service of the demand or such lesser time as the court may order, may serve a demand for trial by jury of any other or all of the issues of fact in the action.
Page 62 | VI. TRIALS
A renewed motion for judgment as a matter of law must be served and filed no later than ten days after entry of judgment.
Such a motion may be renewed by service and filing not later than ten (10) days after entry of judgment.
Page 73 | Rule 50(b) Renewal of Motion for Judgment After Trial; Alternative Motion for New Trial
Service and Proof of Service Rules
Service of an attorney-excusal request must comply with Rule 5 and be made on the adverse attorney of record for every trial, hearing, motion, calendar call, status conference, and other pretrial proceeding covered by the request.
An attorney's request to be excused from attendance from the Superior Court shall be submitted by email to the presiding justice at SCExcusal@courts.ri.gov and shall be served in accordance with Rule 5 of the Superior Rules of Civil Procedure upon the attorney of record of the adverse party for all matters the moving attorney is scheduled to attend including every trial, hearing, motion, calendar call, status conference, and other proceeding preliminary to trial on the merits.
Page 1 | I. GENERAL RULES
Electronic service of the dispositive-motion filing package is required at least 30 days before the hearing.
The following documents must be filed and served using the Electronic Filing System (Super R. Civ. P. 1) at least thirty (30) days prior to the hearing date.
Civil cases
Page 1 | I. DISPOSITIVE MOTIONS — Filing and Scheduling of Dispositive Motions
Objections to non-dispositive motions must be served at least three days before the hearing.
Objections must be filed and served at least three (3) days prior to the hearing with a bench copy sent electronically to the Clerk.
Civil cases
Page 2 | II. NON-DISPOSITIVE MOTIONS — Objections and Replies
Non-dispositive motions must be served no later than 10 days before the scheduled hearing.
The motions shall be filed and served not later than (10) days before the time specified for the hearing. (Super. R. Civ. P. 7) with a bench copy sent electronically to the Clerk.
Civil cases
Page 2 | II. NON-DISPOSITIVE MOTIONS — Filing and Scheduling of Non-Dispositive Motions
Discovery must be served electronically through the EFS unless the discovery consists of non-conforming documents or is too voluminous, in which case conventional service is required.
All discovery on a case shall be electronically served using the EFS except when the discovery is of a type which does not lend itself to electronic service (either because it consists of non-conforming documents or is too voluminous), in which case conventional service shall be used.
Page 2 | I. Scope of Rules and Mandatory Electronic Filing—One Form of Action
Required notice must be electronic through the EFS unless the governing rule states otherwise.
Where the Super.R.Civ.P. require notice to be given, notice shall mean electronic notice using the EFS unless stated otherwise.
Page 2 | I. Scope of Rules and Mandatory Electronic Filing—One Form of Action
All other service or notice within a case must be electronic through the EFS unless stated otherwise.
All other service or notice within a case shall be electronic using the EFS unless stated otherwise;
Page 2 | I. Scope of Rules and Mandatory Electronic Filing—One Form of Action
Subpoenas, complaints, petitions, and other documents that must be hand-delivered or personally served with a summons may not be served electronically.
Subpoenas, complaints, petitions, or other documents that must be hand-delivered or served in person with a summons shall not be served electronically;
Page 2 | I. Scope of Rules and Mandatory Electronic Filing—One Form of Action
When an attorney has an electronic-filing waiver or a self-represented litigant does not elect electronic filing, the court generates the summons electronically and provides it at the clerk's office when the complaint and required documents are filed.
A summons shall be generated electronically by the court and handed to the attorney or self-represented litigant at the time of filing the complaint and all other required documents at the clerk's office;
Page 5 | II. Commencement of Action; Service of Process, Pleading, Motions, and Orders
All process may be served either by a duly authorized officer under Rhode Island law or by a nonparty who is at least 18 years old.
Service of all process shall be made by a duly authorized officer in accordance with Title 9, Chapter 5 (Writs, Summons, and Process) of the Rhode Island General Laws or by any person who is not a party and who is at least eighteen (18) years of age.
Page 5 | II. Commencement of Action; Service of Process, Pleading, Motions, and Orders
For an incarcerated individual, the court electronically generates the summons and mails it after accepting the complaint and all other required documents.
For incarcerated individuals, a summons shall be generated electronically by the court and mailed to the individual upon the acceptance of the complaint and all other required documents by the court
Page 5 | II. Commencement of Action; Service of Process, Pleading, Motions, and Orders
The plaintiff or self-represented litigant must give the person making service the original summons for the return of service and copies of all documents required for service on the defendant.
The plaintiff's attorney or a self-represented litigant shall deliver to the person who is to make service the original summons upon which to make his or her return of service and a copy of the summons, complaint, Language Assistance Notice, and all other required documents for service upon the defendant.
Page 5 | II. Commencement of Action; Service of Process, Pleading, Motions, and Orders
If qualifying papers are mailed with a self-addressed envelope, the court electronically generates and mails the summons to the attorney or self-represented litigant.
If the complaint and all other required documents are mailed to the court, a summons shall be generated electronically by the court and mailed to the attorney or self-represented litigant if a self-addressed envelope is included;
Page 5 | II. Commencement of Action; Service of Process, Pleading, Motions, and Orders
Filing a waiver of service is generally treated as service of the summons and required documents, and no proof of service is required, subject to the stated answer-timing exception.
When the plaintiff files a waiver of service with the court, the action shall proceed, except as provided in paragraph (3), as if a summons, complaint, Language Assistance Notice, and all other required documents had been served at the time of filing the waiver, and no proof of service shall be required.
Page 6 | II. Commencement of Action; Service of Process, Pleading, Motions, and Orders
A defendant that timely returns a requested waiver before service need not answer until 60 days after the request date, or 90 days for a defendant addressed outside the United States.
A defendant that, before being served with process, timely returns a waiver so requested is not required to serve an answer to the complaint until sixty (60) days after the date on which the request for waiver of service was sent, or ninety (90) days after that date if the defendant was addressed outside the United States.
Page 6 | II. Commencement of Action; Service of Process, Pleading, Motions, and Orders
The request must allow at least 30 days for a domestic defendant and at least 60 days for a defendant addressed outside the United States.
Shall allow the defendant a reasonable time to return the waiver to the plaintiff, which shall be at least thirty (30) days from the date on which the request is sent, or sixty (60) days from that date if the defendant is addressed outside the United States;
Page 6 | II. Commencement of Action; Service of Process, Pleading, Motions, and Orders
The waiver-of-service request may be dispatched through the EFS, first-class mail, or another reliable means.
Shall be dispatched through the EFS, first-class mail, or other reliable means;
Page 6 | II. Commencement of Action; Service of Process, Pleading, Motions, and Orders
Service on a person with a guardian or conservator must be made on both the guardian or conservator and the incompetent person.
Upon a person for whom a guardian or conservator has been appointed by serving copies of the summons, complaint, Language Assistance Notice, and all other required documents upon such guardian or conservator and upon the incompetent person in the manner provided in paragraph (1) of this subdivision.
Page 7 | II. Commencement of Action; Service of Process, Pleading, Motions, and Orders
For an individual over whom the state court has jurisdiction, out-of-state service may be made through personal delivery by a disinterested person, specified mail or carrier methods, or another court-ordered method that provides notice and time to defend.
When an individual or a foreign corporation is subject to the jurisdiction of the courts of the state, service of process may be made outside the state as follows: (1) Upon an individual by delivery of a copy of the summons, complaint, Language Assistance Notice, and all other required documents to the individual personally by any disinterested person, or by mailing a copy of the summons, Page 7 of 101 February 2024 ===== PAGE 8 ===== complaint, and Language Assistance Notice to the individual by registered or certified mail, return receipt requested, or by express or overnight carrier with a signed receipt of delivery, or by any other method ordered by the court to give such individual notice of the action and sufficient time to prepare any defense thereto.
Page 7 | II. Commencement of Action; Service of Process, Pleading, Motions, and Orders
Filing Fees and Waivers
A civil action is commenced by filing a complaint, all other required documents, and the legally prescribed fees together.
A civil action is commenced by the filing of a complaint and all other required documents together with the fees prescribed by law.
Page 4 | II. COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADING, MOTIONS, AND ORDERS
Administrative-review proceedings must be initiated by filing a complaint, required documents, and the fees prescribed by law.
proceedings for such review shall be instituted by the filing of a complaint and any other required documents together with the fees prescribed by law with the court.
Page 97 | 80. Review of Administrative Action
A party rejecting an arbitrator's award must post a $300 filing fee with the Superior Court Arbitration Office.
(b) Filing Fee. A party rejecting an award shall post a filing fee of $300.00 with the Superior Court Arbitration Office.
Page 8 | Rule 5(b) Filing Fee
The total reasonable cost of an arbitration conducted under the Arbitration Rules may not exceed $500.
The reasonable cost of an arbitration performed within these Arbitration Rules shall not exceed five hundred dollars ($500.00) and shall be apportioned as follows:
Page 9 | Rule 7.1. Administration and Proration of Reasonable Costs of Arbitration Pursuant to G.L. 1956 § 8-6-5 — (a) Payment Schedule
Except in the specified consolidated cases, each party, including all plaintiffs collectively and all defendants collectively, must pay $100.
(1) Except in consolidated cases, wherein one (1) or more parties is different, each party, (a party shall be all the plaintiffs and all the defendants, if more than one (1) of each) shall pay $100.00 in accordance with Arbitration Rules 7.1(c) 1 and 2.
Page 9 | Rule 7.1(a)(1) Payment Schedule
When an award is rendered for the plaintiff and no rejection is filed, each party must pay $100.
(2) If, at the conclusion of the arbitration hearing an award is rendered for the plaintiff and no rejection is filed, each party shall pay $100.00.
Page 9 | Rule 7.1(a)(2) Payment Schedule
When an arbitrator will be selected or appointed within 30 days, required funds must be paid before notice of the selection or appointment is given.
(2) As to all cases designated to arbitration or otherwise placed into arbitration where the arbitrator is to be selected or appointed within thirty (30) days, the funds due must be paid before the arbitrator is notified of the appointment or selection; or
Page 10 | Rule 7.1(c)(2) Billing
For cases certified to arbitration under Rules 1(a), (b), or (c), all funds due must reach the Arbitration Office within 30 days after the arbitration certificate is received and filed.
(1) As to all cases certified to arbitration pursuant to Arbitration Rules 1(a), (b), and (c), all funds due to the court must be delivered to the Arbitration Office no later than thirty (30) days after the arbitration certificate has been received and filed by the Arbitration Office;
Page 10 | Rule 7.1(c)(1) Billing
For cases not rejected under Rule 5(b), required funds must be paid within 40 days after the Arbitration Office receives and files the arbitrator's award.
(3) As to all cases not rejected under Rule 5(b), the funds due shall be paid no later than forty (40) days after the arbitrator's award was received and filed by the Arbitration Office.
Page 10 | Rule 7.1(c)(3) Billing
The defendant must pay $200 when the award is rendered for the defendant and no rejection is filed.
(3) If, at the conclusion of the arbitration hearing an award is rendered for the defendant and no rejection is filed, the defendant shall pay $200.00 and the plaintiff will pay no fee.
Page 10 | Rule 7.1(a)(3) Payment Schedule
The party or parties taking the appeal must order and pay for the transcript of the proceedings.
The party or parties taking the appeal shall order and pay for a transcript of the proceedings thereon.
Page 7 | Rule 2.9(b)
A party that rejects an arbitration award is subject to the filing fee prescribed by Arbitration Rule 5(b).
All matters rejected by any party shall be subject to Rule 5(b) regarding the filing fee for rejecting an award.
Page 10 | Rule 7.1(b) Rejecting an Award
The Arbitration Office must collect funds received under the Arbitration Rules and transmit them to the Supreme Court for use exclusively for arbitration purposes.
The Arbitration Office shall be responsible for collecting and transmitting to the Supreme Court all of the funds received by it pursuant to these Arbitration Rules, which shall be maintained and used exclusively for arbitration purposes.
Page 10 | Rule 7.1(c) Billing
No filing fee is required for an appeal from a magistrate decision.
No filing fee shall be required.
Page 7 | Rule 2.9(b)
The clerk may not charge fees for amounts disbursed from the court registry, regardless of whether the deposited funds belong to a public or private entity.
(c) Registry Fees. No fees shall be charged by the clerk in any county from amounts disbursed from the registry of court for any funds deposited in said registry by any person, firm, corporation, or agency, whether public or private.
Page 90 | 67. Deposit in Court—Registry
Courtesy Copy Requirements
Bench copies of the dispositive motion, memorandum of law, and supporting exhibits must be delivered to the judge's chambers.
Bench copies of the Motion, Memorandum of law and supporting exhibits.
Civil cases
Page 1 | I. DISPOSITIVE MOTIONS — Filing and Scheduling of Dispositive Motions
Bench copies of an objection, its supporting memorandum, and supporting documentation must be delivered no later than 14 days before the hearing.
Objections, supporting memorandum/a, supporting documentation, and bench copies must be filed and delivered no later than fourteen (14) days prior to hearing.
Civil cases
Page 1 | I. DISPOSITIVE MOTIONS — Objections and Replies
Bench copies of a reply, its supporting memorandum, and supporting documentation must be delivered within seven days after the objection is filed.
Replies, supporting memorandum/a, supporting documentation, and bench copies must be filed and delivered within seven (7) days of the filing of an Objection.
Civil cases
Page 1 | I. DISPOSITIVE MOTIONS — Objections and Replies
A bench copy of each reply must be sent electronically to the Clerk.
Replies must be filed at least one (1) day prior to the hearing with a bench copy sent electronically to the Clerk.
Civil cases
Page 2 | II. NON-DISPOSITIVE MOTIONS — Objections and Replies
A bench copy of each objection must be sent electronically to the Clerk.
Objections must be filed and served at least three (3) days prior to the hearing with a bench copy sent electronically to the Clerk.
Civil cases
Page 2 | II. NON-DISPOSITIVE MOTIONS — Objections and Replies
A bench copy of each non-dispositive motion must be sent electronically to the Clerk.
The motions shall be filed and served not later than (10) days before the time specified for the hearing. (Super. R. Civ. P. 7) with a bench copy sent electronically to the Clerk.
Civil cases
Page 2 | II. NON-DISPOSITIVE MOTIONS — Filing and Scheduling of Non-Dispositive Motions
A reply must have one electronic bench copy sent to the Motion Calendar Clerk at least one calendar day before the hearing.
2. Replies: Any replies must be filed and served at least one (1) calendar day before the hearing with a bench copy sent electronically to the Motion Calendar Clerk at the applicable email address.
Page 4 | E. Objections/Replies (All Counties)
After all filings are complete, the moving party must submit two tabbed binders containing the motions, objections, memoranda, affidavits, and supporting documents.
(b) submit two (2) hard copies (binders with tabs required) of all motions, objections, memoranda, affidavits, and other supporting documentation once all of the same have been filed with the Court; and
Page 7 | C. Bench Copies (All Counties)
After all filings are complete, the moving party must email the motions, objections, memoranda, affidavits, and supporting documents to the Motion Calendar Clerk.
(a) email to the Motion Calendar Clerk at the applicable email address all motions, objections, memoranda, affidavits, and other supporting documentation once all of the same have been filed with the Court;
Page 7 | C. Bench Copies (All Counties)
(c) submit two (2) hard copies (binders with tabs required) of the principal case law relied upon (which may be highlighted or otherwise marked for ease of reference) except that no case law respecting the standard of review is required unless there is an unusual or novel issue raised with regard to the standard.
(c) submit two (2) hard copies (binders with tabs required) of the principal case law relied upon (which may be highlighted or otherwise marked for ease of reference) except that no case law respecting the standard of review is required unless there is an unusual or novel issue raised with regard to the standard.
Page 7 | C. Bench Copies (All Counties)
Copies of all principally relied-upon cases must be highlighted or underscored and delivered to the judge's chambers.
Appropriately highlighted or underscored copies of all cases principally relied upon.
Civil cases
Page 1 | I. DISPOSITIVE MOTIONS — Filing and Scheduling of Dispositive Motions
Parties are requested to submit two hard copies of substantive motions, memoranda, affidavits, and/or objections, particularly for contested motions.
Parties are requested to submit two (2) hard copies of motions, memoranda, affidavits and/or objections of a substantive nature, particularly where motions are contested.
Page 2 | III. BENCH COPIES (ALL COUNTIES) — A
For significant legal arguments, parties are requested to supply two hard copies of the principal case law relied upon.
For significant legal arguments, the parties are requested to also supply two hard copies of the principal case law relied upon.
Page 5 | F. Bench Copies (All Counties)
Parties are requested to submit two hard copies of substantive motions and objections, especially when contested.
Parties are requested to submit two (2) hard copies of motions and/or objections of a substantive nature, particularly where motions are contested.
Page 5 | F. Bench Copies (All Counties)
The two hard-copy sets may be submitted by regular mail, overnight mail, or hand delivery to the applicable County's Motion Calendar Clerk.
(d) The two hard copies may be submitted by regular or overnight mail or by hand-delivery addressed to the Motion Calendar Clerk of the applicable County.
Page 7 | C. Bench Copies (All Counties)
When an opposing party's papers are voluminous, the required extra chambers copies should be mailed or delivered to the moving party's counsel for inclusion in the comprehensive package.
If an opposing party’s papers are voluminous, it is expected that the required extra “chamber’s copies” should be mailed or delivered to moving party’s counsel to compile into one comprehensive package to bring to the Court.
Page 7 | C. Bench Copies (All Counties)
The two required hard copies may be submitted by regular mail, overnight mail, or hand delivery to the applicable county's Formal and Special Cause Calendar Clerk.
The two hard copies may be submitted by regular or overnight mail or by hand-delivery addressed to the Formal and Special Cause Calendar Clerk of the applicable County.
Page 3 | C. The two hard copies
The two bench-copy hard copies may be submitted by regular mail, overnight mail, or hand delivery to the applicable County's Motion Calendar Clerk.
The two hard copies may be submitted by regular or overnight mail or by hand-delivery addressed to the Motion Calendar Clerk of the applicable County.
Page 5 | F. Bench Copies (All Counties)
Sealing & Redaction Procedures
For documents identifying a child victim, a party must submit a redacted or fictitious-name public version and an unredacted confidential-file version.
When applicable, a party submitting material that identifies a victim shall submit two (2) versions of each document to be placed on file: one version from which all victim-identifying information has been redacted or made fictitious, to be placed in the public file; a second version of the same document, unredacted, to be placed in the confidential court file.
Page 8 | Rule 3.3
Child-victim cases require separate public and confidential court files during prosecution and disposition.
Whenever a child victim is identified in any child molestation sexual assault case, a dual filing system shall be established for that case. During the prosecution and disposition of such a case, a “public file” and a “confidential court file” shall be maintained.
Page 8 | Rule 3.3
Of the two EFS sets, one must be non-public and the other public with documents or information redacted under the applicable electronic-filing and public-access rules.
One criminal information package or indictment shall be submitted as a non-public document. The second criminal information package or indictment shall be submitted as public document with documents and/or information redacted in accordance with Article X, Rules Governing Electronic Filing and the Rhode Island Judiciary Rules of Practice Governing Public Access to Electronic Case Information.
Criminal cases
Page 4 | II. PRELIMINARY PROCEEDINGS
A hearing affecting a grand-jury proceeding must be closed to the extent necessary to prevent improper disclosure, except that a right to an open contempt hearing remains applicable.
(5) Closed Hearing. Subject to any right to an open hearing in contempt proceedings, the court shall order a hearing on matters affecting a grand jury proceeding to be closed to the extent necessary to prevent improper disclosure of matters occurring before a grand jury.
Criminal cases
Page 11 | 6. Grand Jury
The judicial officer may order an indictment kept secret until the defendant is in custody, released pending trial, or arraigned or presented; the clerk must then seal it, and no person may disclose its return except as necessary to issue and execute a warrant or summons.
(4) Sealed Indictments. The judicial officer to whom an indictment is returned may direct that the indictment be kept secret until the defendant is in custody or has been released pending trial or arraigned or presented on said indictment before a judicial officer. Thereupon the clerk shall seal the indictment and no person shall disclose the return of the indictment except when necessary for the issuance and execution of a warrant or summons.
Criminal cases
Page 11 | 6. Grand Jury
Records, orders, and subpoenas relating to grand-jury proceedings must remain sealed only as long and to the extent necessary to prevent improper disclosure of grand-jury matters.
(6) Sealed Records. Records, orders, and subpoenas relating to grand jury proceedings shall be kept under seal to the extent and for such time as is necessary to prevent improper disclosure of matters occurring before a grand jury.
Criminal cases
Page 11 | 6. Grand Jury
A good-cause statement inspected by the court alone must be sealed and preserved in the court record if a protective order is entered, with access limited to an appellate court on appeal.
The court may permit a party to make a showing of good cause, in whole or in part, in the form of a written statement to be inspected by the court alone. If the court thereafter enters a protective order, the entire text of the party's statement shall be sealed and preserved in the records of the court, to be made available only to an appellate court in the event of an appeal.
Criminal cases
Page 22 | (f) Protective Orders
If any portion of a presentence report is withheld, the court must notify the parties, explain the withholding, seal the entire report with the withheld portions identified, and preserve it for appellate review.
If the court withholds any portion of a report, it shall apprise the parties of that fact and state the reasons why the court has not made the entire report available. The court shall then seal the entire report, indicating thereon the portions that were withheld, and order it preserved in the records of the court to be made available to the appellate court in the event of an appeal by the defendant.
Criminal cases
Page 32 | VII. JUDGMENT
Information subject to a privilege or protection claim must be presented to the court under seal and remain unused or undisclosed until the claim is resolved.
(ii) Present the information to the court under seal for a determination of the claim and not otherwise use or disclose the information until the claim is resolved.
Page 71
The court may seal reports upon a duly made application, and sealed reports may be opened or inspected only upon application to the court.
court may, upon application duly made, order that these reports be sealed and be opened and subject to inspection only upon application to the court.
Page 89 | (f) Filing of Claims; Reports Thereon
When appropriate, identical public-file and confidential-file copies may be submitted for non-victim-identifying documents.
The foregoing does not preclude the submission, when appropriate, of two (2) identical copies of a non-victim-identifying document, one of which is to be placed in the public file and one in the confidential court file.
Page 8 | Rule 3.3
Filing Bundling Requirements
An administrative-appeal assignment must be accompanied contemporaneously by each party's memorandum of law and the complete administrative-agency record.
No cause requiring the court to review the decision of a state or municipal agency shall be assigned to a justice or magistrate unless the assignment to the justice is accompanied contemporaneously by the memorandum of law of each party and the entire record of the proceedings before the state or municipal agency.
Page 6 | Rule 2.8. Non-jury Matters (b)
All case-initiating documents, required documents, attachments, and exhibits must be submitted individually as separate files in the same initial submission or filing.
(A) All Case Initiating Document(s), including any required documents, attachments, or exhibits, shall be submitted individually as separate files within the same initial submission or filing;
Page 3 | (2) Electronic Filing of Documents
Subsequent pleadings, motions, and other papers must be submitted individually, with related documents filed as separate files in the same submission or filing.
(B) All subsequent pleadings, motions, and other papers, shall be submitted individually with related documents submitted as separate files within the same submission or filing (for example, a motion and memorandum or other supporting attachments or exhibits filed in support of a motion); and
Page 3 | (2) Electronic Filing of Documents
The moving party is responsible for assembling all completed filings into one comprehensive package for submission to the court.
This task is assigned to the moving party to ensure that all filings, once complete, can be brought to the Court in a single comprehensive package to avoid papers being lost and to make it convenient for the Court.
Page 7 | C. Bench Copies (All Counties)
Counsel should file memoranda for all parties simultaneously and as early as possible.
As the statutory structure will require that memoranda from all parties be filed within prompt, pre-set times, counsel should file memoranda simultaneously and at the earliest possible time.
Civil cases
Page 1 | Land Use Calendar
Bills, receipts, invoices, photographs, and similar items may be combined into one attachment.
(C) Categories of items such as bills, receipts, invoices, photographs, etc. may be submitted in one attachment.
Page 3 | I. Scope of Rules and Mandatory Electronic Filing—One Form of Action
Bills, receipts, invoices, photographs, and similar items may be grouped into a single EFS attachment.
(B) Categories of items such as bills, receipts, invoices, photographs, etc. may be submitted in one attachment.
Criminal cases
Page 3 | II. PRELIMINARY PROCEEDINGS
Bills, receipts, invoices, photographs, and similar items may be submitted together in one attachment.
(C) Categories of items such as bills, receipts, invoices, photographs, etc. may be submitted in one attachment.
Page 3 | (2) Electronic Filing of Documents
A single discovery motion may address multiple parties and discovery requests, and one order may memorialize all resulting rulings.
4. Discovery motions may address multiple parties and multiple discovery requests in a single motion, and a single order may be presented to memorialize all rulings made on a discovery motion.
Page 4 | D. Motions Involving Discovery Disputes (All Counties)
Pre-Motion Conference Requirements
Parties must attempt in good faith to resolve discovery disputes before filing discovery motions and discuss the dispute voice-to-voice before the hearing.
1. The parties shall in good faith try to resolve discovery disputes prior to filing discovery motions and must discuss the dispute (voice to voice) prior to the hearing.
Page 4 | D. Motions Involving Discovery Disputes (All Counties)
Every contested miscellaneous motion not covered by the agreed-submission procedure requires prior court approval before consideration.
All other contested motions will require prior approval from the court before the matter will be considered.
Page 2 | V. MISCELLANEOUS MOTIONS
Adjournment & Extension Requirements
Every request to continue a non-dispositive motion requires Clerk approval.
All requests for the continuance of a non-dispositive motion must be approved by the Clerk.
Civil cases
Page 2 | II. NON-DISPOSITIVE MOTIONS
Every request to continue a dispositive motion requires approval from the Business Calendar Justice.
All requests for the continuance of a dispositive motion must be approved by the Business Calendar Justice.
Civil cases
Page 2 | II. NON-DISPOSITIVE MOTIONS
Deadlines in the order may be extended only by the Court and only for good cause shown.
The deadlines established herein may only be extended by the Court for good cause shown and this Order may only be amended by Order of this Court.
Page 7
Parties must notify the Courtroom 4 clerk by email before the calendar call when they agree to a continuance and must provide the agreed date.
If the parties agree to a continuance, they shall notify the clerk prior to the calendar call by email to Courtroom4@courts.ri.gov, with the agreed upon date.
Page 1 | I. CRIMINAL MATTERS: Pre-trial Conferences: B.)
No criminal pretrial matters should be scheduled on a Friday without Court approval.
No criminal pretrial matters should be scheduled on a Friday without Court approval.
Page 2 | I. CRIMINAL MATTERS: Pre-trial Conferences: B.) 1.)
A case with a 2019 or older date may not be continued by agreement or through the clerk without first updating the Court on its status by email or court appearance.
Notwithstanding any of the foregoing information regarding continuances, no case that has a 2019 date or older shall be continued by agreement, or through the Clerk, without updating the Court as to the status of the matter. That update may be done by email, or by Court appearance.
Page 2 | I. CRIMINAL MATTERS: Pre-trial Conferences: B.) 2.)
A continuance may be granted only by motion, upon a showing of good cause, and subject to terms and conditions determined by the court.
(b) Continuances. Continuances shall be granted only upon motion and for good cause shown and upon such terms and conditions as the court shall determine.
Page 63 | 40. Assignment of Cases for Trial—Continuances.
A written request to enlarge an arbitration hearing by no more than 60 days must be filed with the arbitrator by the prehearing-information-exchange date, and the arbitrator's ruling remains subject to court review.
(1) A written application for an enlargement of time for a hearing, which shall not exceed sixty (60) days, must be filed with the arbitrator and must be served on opposing parties at the earliest practicable time, and no later than the date for prehearing exchange of information under Rule 3(b). The arbitrator will rule on these applications subject to review by the court.
Page 7 | Rule 3(n) Limits of Hearings
For a contested continuance request, the email should state the request's nature and the reason for the objection, and the Hearing Justice will decide the request on the original hearing date or sooner if time permits.
If the request for a continuance is contested, the email should indicate the nature of the request and the stated reason for the objection. The Hearing Justice will approve or deny all contested requests for a continuance, which will be considered on the Page 5 of 10 ===== PAGE 6 ===== original hearing date of the motion or sooner if there is sufficient time to schedule such a hearing.
Page 5 | H. Continuances (All Counties)
Every continuance request for a non-dispositive motion must be emailed to the Motion Calendar Clerk for approval and identify the specific requested hearing date.
All requests for continuance of a non-dispositive motion must be approved by emailing the Motion Calendar Clerk at the applicable email address and include the specific date that is being requested.
Page 5 | H. Continuances (All Counties)
The continuance email must be copied to all parties, including self-represented litigants; if email is unavailable, reasonable notice must be provided by the most efficient available means.
This email must be copied to all parties, including self-represented litigants. If there is no email address available, then the information must be sent by the most efficient means available to provide reasonable notice.
Page 5 | H. Continuances (All Counties)
The continuance email must be sent no later than 4:00 PM two business days before the motion's scheduled hearing day.
This email must be sent no later than 4:00 PM two business days before the day on which a motion is scheduled to be heard.
Page 5 | H. Continuances (All Counties)
An extension of a filing deadline must be requested at least seven days before the deadline and approved by the Hearing Justice.
3. Requests for extensions of filing deadlines shall be made no fewer than seven (7) days prior to the filing deadline and must be approved by the Hearing Justice.
Page 8 | D. Extensions and Continuances (All Counties)
An extension or continuance request must state its grounds and whether it is consented to or opposed.
(c) State the grounds for the requested extension or continuance; and (d) State whether the request is consented to or opposed.
Page 8 | D. Extensions and Continuances (All Counties)
A continuance of a hearing date must be requested at least fourteen days before the hearing and approved by the Hearing Justice.
4. Requests for continuances of hearing dates shall be made no fewer than fourteen (14) days prior to the hearing date and must be approved by the Hearing Justice.
Page 8 | D. Extensions and Continuances (All Counties)
Extensions or continuances requested outside the stated deadlines will be denied unless extraordinary circumstances exist.
5. Extensions or continuances sought outside of these deadlines will not be allowed absent extraordinary circumstances.
Page 8 | D. Extensions and Continuances (All Counties)
A continuance motion based on the absence of a material witness must be supported by an affidavit stating the witness's identifying information, expected testimony and its basis, procurement efforts, and prospects for obtaining future testimony or deposition; the court need not entertain the motion without that affidavit.
(c) Affidavit or Certificate in Support of Motion. The court need not entertain any motion for a continuance based on the absence of a material witness unless such motion be supported by an affidavit which shall state the name of the witness and, if known, the witness' address, the facts to which the witness is expected to testify and the basis for such expectation, the efforts which have been made to procure the witness' attendance or deposition, and the expectation which the party has of procuring the witness' testimony or deposition at a future time.
Page 63 | 40. Assignment of Cases for Trial—Continuances.
A continuance motion based on illness must include a practicing physician's certificate stating the illness's existence, kind, degree, and start time, and may be denied if the adverse party was not notified as soon as practicable of the illness and anticipated continuance motion.
A motion for a continuance on the ground of sickness of a party or witness shall be accompanied by a certificate of a practicing physician stating the fact of said sickness, and the kind, degree, and the time of beginning thereof. Such motion may be denied if the moving party shall not have notified the adverse party as soon as practicable of the illness and forthcoming motion for a continuance.
Page 63 | 40. Assignment of Cases for Trial—Continuances.
Counsel may request a continuance by emailing DailyCrim9@courts.ri.gov, opposing counsel, and the assigned duty judge for the scheduled court date.
Counsel may request a continuance by sending an email to DailyCrim9@courts.ri.gov, opposing counsel, and the assigned duty judge for the scheduled court date.
Page 3 | VII. CONTINUANCES
Chambers Communication Rules
An attorney seeking excusal must email the request to the presiding justice and serve the adverse attorney of record for every covered scheduled matter.
An attorney's request to be excused from attendance from the Superior Court shall be submitted by email to the presiding justice at SCExcusal@courts.ri.gov and shall be served in accordance with Rule 5 of the Superior Rules of Civil Procedure upon the attorney of record of the adverse party for all matters the moving attorney is scheduled to attend including every trial, hearing, motion, calendar call, status conference, and other proceeding preliminary to trial on the merits.
Page 1 | I. GENERAL RULES
Before filing a dispositive motion, email Justice Licht requesting a hearing date and identify the dates for the motion, objection, and reply filings.
To schedule a dispositive motion, prior to filing the motion email Justice Licht at rlicht@courts.ri.gov with a copy to Brittany Moreau at bmoreau@courts.ri.gov requesting a hearing date and providing the dates when the motion, the objection and the reply will be filed and the Court will respond with a hearing date.
Civil cases
Page 1 | 2. Motions
The scheduling order must be submitted to Justice Licht by email before it is e-filed.
Scheduling Orders will be in the format attached hereto and shall be submitted by email to Justice Licht in word format prior to e-filing.
Civil cases
Page 1 | 4. Scheduling Orders
An agreed continuance must be communicated to the Courtroom 4 clerk by email before the calendar call.
If the parties agree to a continuance, they shall notify the clerk prior to the calendar call by email to Courtroom4@courts.ri.gov, with the agreed upon date.
Page 1 | I. CRIMINAL MATTERS: Pre-trial Conferences: B.)
Counsel must notify the Court by email if changed circumstances prevent a previously scheduled disposition from proceeding.
Counsel must notify the Court via e-mail at Courtroom4@courts.ri.gov if circumstances have changed regarding any previously scheduled Disposition which would prevent the matter from going forward.
Page 2 | III. Dispositions
Counsel must give the Court advance notice if a proposed disposition includes terms or considerations outside the normal range for the charges.
Counsel are required to inform the Court ahead of time should the proposed Disposition contain any provisions or considerations that are not within the normal/expected range for the type of charge(s) for which the defendant is entering a plea.
Page 2 | III. Dispositions: A.)
When the parties agree to a proposed disposition, they must email the clerk to request assignment to the disposition calendar on that date, subject to Court approval.
If the parties reach an agreed upon, proposed Disposition, they shall contact the clerk via e-mail at Courtroom4@courts.ri.gov to assign the case to the Disposition Calendar on their agreed-upon date, subject to Court scheduling approval.
Page 2 | III. Dispositions: A.)
Parties that reach a resolution must notify the court by email and file a dismissal stipulation.
If the parties reach a resolution, they must advise the Court by email to Courtroom4@courts.ri.gov and file a dismissal stipulation.
Page 3 | II. Civil Cases
A scheduled motion automatically passes if the required status email is not received by 4:00 PM two business days before the hearing.
(e) If no email is received by 4:00 PM two business days before the day on which a motion is scheduled to be heard, the motion shall automatically pass.
Page 3 | B. Scheduling Hearing Times – Pre-hearing Email Notice
Matters involving self-represented litigants must be conducted in person with notice to all parties.
(e) All matters involving self-represented litigants will be conducted in-person with notice being given to all parties.
Page 3 | B. Scheduling Hearing Times – Pre-hearing Email Notice
In Kent, Washington, and Newport Counties, the moving party must email the appropriate Motion Calendar Clerk with the motion status by 4:00 PM two business days before the hearing.
(a) No later than 4:00 PM two business days before the day on which a motion is scheduled to be heard, the moving party shall email the Motion Calendar Clerk at: KentMotions@courts.ri.gov WashingtonMotions@courts.ri.gov NewportMotions@courts.ri.gov indicating the status of the scheduled motion.3
Page 3 | B. Scheduling Hearing Times – Pre-hearing Email Notice
A motion automatically passes if no scheduling email is received by 4:00 PM two business days before the hearing.
(f) If no email is received by 4:00 PM two business days before the day on which a motion is scheduled to be heard, the motion shall automatically pass.
Page 4 | B. Scheduling Hearing Times – Pre-hearing Email Notice
The moving party must promptly notify the Motion Calendar Clerk, with notice to opposing parties, when a motion will pass, be resolved by agreed order, or be decided on the filings because oral argument is not requested.
1. The moving party shall notify the Motion Calendar Clerk at the applicable email address with notice to the opposing party(ies) as soon as possible if the motion will: (a) pass, (b) be resolved through an agreed order to enter, or (c) if the parties do not request oral argument, in which case the motion will be decided on the filings.
Page 4 | C. Resolved Motions (All Counties)
A party disputing the moving party's scheduling email must notify the Motion Calendar Clerk and opposing parties by 4:00 PM one business day before the hearing, causing the matter to be treated as ready and contested at an in-person hearing.
2. If any party disagrees with the substance of an email sent by the moving party, that party shall so indicate in an email to the Motion Calendar Clerk at the applicable email address with notice to the opposing party(ies), sent by 4:00 PM one business day before the day on which the motion is to be heard. In such event, the motion shall be considered ready/contested at an in-person hearing.
Page 4 | C. Resolved Motions (All Counties)
To obtain the next available hearing date for a dispositive motion, the moving party must email the appropriate Motion Calendar Clerk address.
To obtain the next available hearing date for a dispositive motion,6 the moving party must email the Motion Calendar Clerk at: provmotions@courts.ri.gov; kentmotions@courts.ri.gov; washingtonmotions@courts.ri.gov; newportmotions@courts.ri.gov.
Page 6 | II. Dispositive Motions, A. Filing and Scheduling Dispositive Motions
The request must be copied to every party, including self-represented litigants; when an email address is unavailable, it must be sent by the most efficient means reasonably capable of providing notice.
(b) Be copied to all parties in the case, including self-represented litigants. If there is no email address available, then the information must be sent by the most efficient means available to provide reasonable notice.
Page 8 | D. Extensions and Continuances (All Counties)
A request for a filing-deadline extension or hearing continuance must be emailed to both the Motion Calendar Clerk and the Hearing Justice with the specified information.
1. Parties shall request an extension of a filing deadline or continuance of a hearing date by emailing such request to the Motion Calendar Clerk and Hearing Justice at the applicable email address including the following information:
Page 8 | D. Extensions and Continuances (All Counties)
A copy of the order-form objection must be emailed to the Motion Calendar Clerk at the applicable email address.
Shall email a copy of the objection to the Motion Calendar Clerk at the applicable email address.
Page 10 | III. ORDERS AND JUDGMENTS (ALL COUNTIES): D. Objecting to Orders
Alongside an agreed miscellaneous motion filing, counsel must email the court all assigned counsel's names and email addresses, a copy of the motion, and an order reflecting the parties' agreement.
Along with the filing, counsel is required to send an email to DailyCrim9@courts.ri.gov which shall include the following: 1) Name and email address of all counsel assigned to the case 2) Copy of the motion 3) An order reflecting the terms of the agreement relative to the motion
Page 2 | V. MISCELLANEOUS MOTIONS