Providence County Superior Court Adjournment & Extension Requirements

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.

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.

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.

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.

A criminal pretrial matter may not be scheduled on a Friday without Court approval.

No criminal pretrial matters should be scheduled on a Friday without Court approval.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

The Court disfavors requests for continuances in Land Use Calendar matters.

Continuances are clearly disfavored.

When a continuance is agreed to, counsel should identify that fact in the email because the Motion Calendar Clerk may approve it.

If the continuance is by agreement, counsel should indicate as such in the email, in which case, the Motion Calendar Clerk may approve such continuances.