Providence County Superior Court Document Filing Requirements

Applies to

Excusal request

Must include

certificate of service

An attorney-excusal submission must certify service on every adverse attorney of record for an assigned cause during the requested excuse period.

(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.

Applies to

Memorandum of law

A memorandum of law must state the point made and the authorities supporting it.

(3) The point made, together with the authorities relied on in support thereof.

Applies to

Brief

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.

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.

Applies to

Pretrial memorandum

All parties must provide the court with a pre-trial memorandum before a non-jury civil matter may proceed to trial or disposition.

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.

Applies to

Referral form

Counsel must complete every part of the referral form before submitting it.

Counsel are required to fill out the entire referral form prior to submission.

Applies to

Certificate of completion

Parties must sign the Certificate of Completion and Medical Malpractice Trial Request before trial assignment.

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.

Applies to

Proposed scheduling order

The parties must submit a proposed scheduling order before the initial status conference.

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.

Applies to

Certificate of completion

After completing discovery and mediation, the parties must execute a Certificate of Completion before the case can be assigned a trial date certain.

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.

Applies to

Certificate of completion

The Certificate of Completion must certify that the case is ready for trial assignment and that no outstanding discovery, expert disclosure, deposition, learned treatises, or pleading amendments will delay assignment.

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.

Applies to

Medical malpractice trial request form

After executing the Certificate of Completion, the parties must complete the Medical Malpractice Trial Request Form.

After the parties execute the Certificate of Completion, the parties shall fill out the Medical Malpractice Trial Request Form.

Applies to

Disposition paperwork

Completed Disposition paperwork must be submitted to the Courtroom 4 Clerk before the judge takes the bench.

Counsel shall submit completed Disposition paperwork to the Courtroom 4 Clerk before the Judge takes the bench.

Applies to

Disposition forms

Defense attorneys must fully execute all forms appropriate to their client’s Disposition.

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.

Applies to

Dismissal stipulation

Parties that reach a resolution must 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.

Applies to

Mediation form

Mediation may be granted only if the parties agree to participate and file a completed mediation form.

Mediations may be granted provided the parties have agreed to participate in a mediation and the mediation form is completed and filed.

Applies to

Case initiating document

Service of case-initiating documents must include a Language Assistance Notice informing the recipient of available language assistance rights.

service of Case Initiating Document(s) shall include the Language Assistance Notice which informs the recipient of the right to

Applies to

Waiver of service request

A request to waive service must satisfy specified writing, addressee, dispatch, attachment, disclosure, dating, response-period, and extra-copy requirements.

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.

Applies to

Pleading

Must include

caption, case number

Every pleading must include a caption identifying the court, county, action title, file number, and the required Rule 7(a) designation.

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).

Applies to

Papers after complaint

Must include

certificate of service

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.

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.

Applies to

Discovery materials

Relevant discovery materials must be filed as exhibits with motions or oppositions under specified discovery motions and summary-judgment filings when relied upon.

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.

Applies to

Pleading written motion or other paper

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.

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.

Applies to

Motion or answer

A motion or answer asserting failure to state a claim must include a short, concise statement of the grounds for that defense.

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.

Applies to

Proposed discovery plan

When electronically stored information discovery is reasonably likely, the parties must develop and memorialize a proposed discovery plan.

(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

Applies to

Motion under rule 26 a 2

A motion under Rule 26(a)(2) must certify that the movant attempted in good faith to confer with the other parties about an electronically stored information discovery plan.

(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.

Applies to

Discovery motion

Must include

certificate of conference

A motion to compel discovery must include a good-faith conferral or attempted-conferral certification.

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.

Applies to

Subpoena

Must include

case number

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).

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.

Applies to

Affidavit

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.

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.

Applies to

Temporary restraining order application

When seeking a temporary restraining order without notice, the applicant's attorney must provide a written certification describing notice efforts and the reasons notice is unnecessary.

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.

Applies to

Injunction or restraining order

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.

(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.

Applies to

Case file containing ex procedente temporary receiver application

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.

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.

Applies to

Ex procedente temporary receiver appointment application

Must include

local rule certificate

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.

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 ===== PAGE 88 ===== to protect the status quo pending final hearing for the appointment of a receiver.

Applies to

Permanent receiver decree

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.

(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.

Applies to

Temporary receiver decree

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.

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.

Applies to

Receivership condition report

Unless the court orders otherwise, the receiver must file a report every 30 days describing the receivership's financial condition and recommending either the business's continued operation or the disposition of assets when the business is not operating.

(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.

Applies to

Notice of exemption hearing

Must include

certificate of service

The trustee-process exemption-hearing notice must contain a certificate of service.

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).

Applies to

Written order

Must include

certificate of service

When the court requires a written order, an interested party choosing to file it must include a certificate of service confirming that a copy was sent to every other party.

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.

Applies to

Pleading motion other paper

Must include

caption

Each pleading, motion, and other paper must use a caption like the listed forms unless otherwise indicated; a complaint must name all parties, while other filings need only the first party on each side with an appropriate indication of the other parties.

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).

Applies to

Pleading motion other paper

Each pleading, motion, and other paper must be signed individually by at least one attorney of record, followed by the attorney's address, email address, bar number, and telephone number.

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.

Applies to

Pleading motion other paper

A self-represented litigant must sign with the litigant's address, telephone number, and email address if the litigant elects to use the EFS instead of an attorney's information.

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.

Applies to

Criminal complaint

The criminal complaint must be a written statement of the charged offense and must be certified by the Office of the Attorney General or authorized law enforcement agency.

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.

Applies to

Criminal complaint

The complainant must swear under oath to the facts stated in the criminal complaint before a judicial or warrant-issuing officer.

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.

Applies to

Witness statement

When the defendant is not in custody or before the court, the complainant and any witnesses must be examined under oath and their statements reduced to writing, subscribed, and sworn.

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.

Applies to

Arrest warrant

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.

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.

Applies to

Summons

A criminal summons must use a District Court-approved form, describe the charged offenses, and require the defendant to appear at a stated time and place before the appropriate judicial officer.

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.

Applies to

Summons

The Office of the Attorney General or authorized law enforcement agency must obtain the defendant's signature on the summons or an acknowledgment that the defendant refused to sign.

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.

Applies to

Notice of intention to rely on insanity defense

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.

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.

Applies to

State notice of sanity witnesses

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.

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.

Applies to

Subpoena

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.

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.

Applies to

Sentence increase order

Any sentence increase must have its reasons placed in the record and be based on objective information about identifiable post-sentencing conduct by the defendant.

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.

Applies to

Probation termination motion

Must include

local rule certificate

A probation-termination motion must include a signed certificate from the probation unit stating the statutory eligibility conditions.

(1) A motion seeking probation termination shall contain a signed certificate from the probation unit of the department of corrections stating that:

Applies to

Motion

A motion must particularize its grounds and identify the relief or order sought; it may be supported by affidavit, and the writing requirement may be satisfied by a written notice of the motion hearing.

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.

Applies to

Miscellaneous petition

A pro hac vice admission request must be made by a signed miscellaneous petition in the approved form, supported by certifications from the attorney and Rhode Island associate counsel and assented to by the represented party in a client certification.

Subject to the limitations and exceptions set forth in Article II, Rule 9 of the Supreme Court Rules for the Admission of Attorneys and Others to Practice Law, leave shall be granted by the Superior Court in its discretion upon a miscellaneous petition signed by the petitioner in a form approved by the Supreme Court, supported by certifications of the attorney seeking admission pro hac vice and of Rhode Island associate counsel, and assented to by the party being represented in a client certification.

Applies to

Motion

A request for leave to represent multiple defendants must be made by a motion in the court-approved form, signed by the movant and assented to by the represented defendant and Rhode Island associate trial counsel.

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.

Applies to

Document requiring electronic signature

An electronic signature required by the Arbitration Rules must appear in the form '/s/ NAME' unless otherwise stated.

(H) Signature. Where the Arbitration Rules require an electronic signature on any document, the signature shall be reflected as /s/ NAME unless stated otherwise.

Applies to

Examiner report

The Examiner's Report must state the length of the search performed.

the Examiner’s Report shall include a notation of the length of search performed.

Applies to

Discovery motion

A covered discovery motion must include the discovery request, the response, and the further response requested.

(b) incorporate in the motion the substance of the discovery request, the discovery response and the further response requested, and

Applies to

Discovery motion

A covered discovery motion must specifically state the basis for the further response requested.

(c) state with specificity the basis for the further response requested.

Applies to

Discovery objection

A non-moving party's objection to a covered discovery motion must state its grounds with the same specificity and follow the same format as the motion.

3. If the non-moving party objects to the motion, it must state its grounds for objection with the same specificity and follow the same format.

Applies to

Pre hearing scheduling email

Must include

caption, case number

The pre-hearing scheduling email must identify the case number and name in the subject line and include contact information, motion title, motion status, and the requested hearing type.

The subject line of the email shall reference the case number and case name (listing the case number first in the following format: PC-2023-01234) and shall include the following information: (i) Contact information for all counsel and self-represented litigants; (ii) Title of motion; (iii) Status of the motion, e.g., pass, order to enter by agreement, continued by agreement, formal/uncontested, ready/contested; (iv) Type of hearing requested: • Remote hearing • In-person hearing • Motion to be decided on the filings.

Applies to

Scheduling email

The scheduling email subject line must identify the case number and case name, with the case number first in the stated K/N/WC-2023-01234 format.

(b) The subject line of the email shall reference the case number and case name (listing the case number first in the following format: K/N/WC-2023- 01234) and shall include the following information:

Applies to

Scheduling email

The scheduling email must include contact information for all counsel and self-represented litigants.

(i) Contact information for all counsel and self-represented litigants;

Applies to

Scheduling email

The scheduling email must include the title of the motion.

(ii) Title of motion;

Applies to

Scheduling email

The scheduling email must state the motion's status, such as pass, agreed order to enter, agreed continuance, formal or uncontested, or ready or contested.

(iii) Status of the motion, e.g., pass, order to enter by agreement, continued by agreement, formal/uncontested, ready/contested;

Applies to

Scheduling email

The scheduling email must state whether the parties request that the motion be decided on the filings.

(iv) Whether the parties are requesting that motion be decided on the filings.4

Applies to

Discovery motion

A covered discovery motion must identify the specific discovery item in dispute.

(a) identify the specific item in dispute

Applies to

Motion to assign

Must include

local rule certificate

Every motion to assign to the Trial Calendar must include counsel's certification that discovery is substantially complete.

All Motions to Assign to the Trial Calendar shall contain a certification from counsel that discovery is substantially complete.

Applies to

Objection

An objection to a dispositive motion must state the hearing date shown on the omnibus form.

(a) Objections to dispositive motions shall note the hearing date set forth on the omnibus form;

Applies to

Objection

An objection must include all memoranda, affidavits, and other supporting documentation.

(c) Include all memoranda, affidavits, and other supporting documentation.

Applies to

Reply

Any reply by the moving party must state the hearing date shown on the omnibus form.

(a) The moving party’s reply, if any, shall note the hearing date set forth on the omnibus form; and

Applies to

Further briefing

Further briefing is prohibited unless the court grants leave.

(c) No further briefing is permitted without leave of Court.

Applies to

Request for leave to brief

A party seeking to submit further briefing must request leave using the procedure prescribed for extensions and continuances.

(d) Parties wishing to supply further briefing shall request leave for same in the same manner as set forth below for Extensions and Continuances.

Applies to

Consent order

An order resolving a motion by agreement must be titled Consent Order and state that it is by agreement of the parties.

If a motion is resolved by an agreement among the parties, the Order shall be entitled “Consent Order” and the body of the Order shall include a statement that the Order is “by agreement of the parties . . .”

Applies to

Consent order

Orders entered by agreement may not state that the matter was heard; they must state that the motion was scheduled for hearing or use equivalent wording.

Orders entered by agreement shall not indicate that the matter “was heard” by the Court; instead, the Order shall reflect that the motion was “scheduled for hearing” or words to that effect.

Applies to

Rule of court order

Rule of Court orders must state that the matter was scheduled for hearing and clearly state that it is granted by Rule of Court, without stating that the matter was heard.

Orders for Rule of Court motions pursuant to Super. R. Civ. P. 7(b)(3) similarly shall not state the matter “was heard” and instead shall state that the matter “was scheduled for hearing” and shall clearly state that the matter is granted by “Rule of Court.”

Applies to

Rule of court order

Rule of Court orders must be signed and entered by the Motion Calendar Clerk, not the Hearing Justice.

Orders granted by “Rule of Court” shall be signed and entered by the Motion Calendar Clerk and not by the Hearing Justice presiding over the motion calendar.

Applies to

Order

Must include

certificate of service

Every order must identify the hearing date, motion, Hearing Justice, presenting party's electronic signature, and service certificate, and must place the Hearing Justice and Clerk signature lines in the specified positions, subject to the stated service-certificate exception.

All Orders shall include/indicate: (a) Date the matter was heard or scheduled to be heard; (b) Nature of the motion being heard; (c) Name of the Hearing Justice; (d) Electronic signature of the party presenting the Order; (e) Certificate of service (excepting Orders on motions to extend time for service of process or for alternative service); (f) Signature line for the Hearing Justice shall appear on the left side of the Order below the word “Enter”; (g) Signature line for the Clerk shall appear on the right side of the Order below the word(s) “Order” or “By Order.”

Applies to

Order

Parties may not insert the date of entry in an order because the Clerk will affix it upon entry.

The parties shall not insert a date of entry in the Order because the date of entry of the Order will be affixed by the Clerk upon entry.

Applies to

Notice of appeal

A notice of appeal must identify the appealing parties, the judgment, order, or decree appealed from, and the basis for the appeal.

The notice of appeal shall specify the party or parties taking the appeal and shall designate the judgment, order, or decree or part thereof appealed from and the basis for the appeal.

Applies to

Referral form

A party referring a qualified individual for Diversion Program participation must submit the referral form to the designated email address.

Any party may refer qualified individuals for participation in the Diversion Program by submitting a referral form to diversionreferrals@courts.ri.gov.

Must include

certificate of service, notice of electronic filing

The document's certification must state that the document was filed and served through the Rhode Island Judiciary's electronic filing system.

I hereby certify that, on this ______ day of ______________, ______, I filed and served this document through the electronic filing system.

Applies to

Remote conference request

A remote-conference request must include the names and email addresses of required counsel and the case name and number.

Counsel must provide the following information with the request: 1. Names and email addresses of all counsel who are required for the conference. 2. Case name and number.

Applies to

Written report

If the court orders it, the parties must submit a written report summarizing the discovery plan and stating each party’s position on unresolved issues.

(ii) If the court so orders, submit to the court a written report that summarizes the plan and states the position of each party as to any issue about which they are unable to agree.

Applies to

Motion

A motion for leave to take depositions pending appeal must identify the persons to be examined, the substance of expected testimony, and the reasons for perpetuating the testimony.

The motion shall show: (1) The names and addresses of persons to be examined and the substance of the testimony which the party expects to elicit from each; and (2) The reasons for perpetuating their testimony.

Applies to

Interrogatory answers

Must include

caption, judge name, case number

Answers to interrogatories must be separate, complete, written under oath, preceded by the corresponding interrogatory, and signed; objections must state their reasons.

Each interrogatory shall be answered separately and fully in writing under oath. If the interrogatory is objected to, the reasons for the objection shall be stated. Each answer shall be preceded by the interrogatory to which it responds. The answers shall be signed by the person making them;

Applies to

Pleadings

A party intending to raise an issue concerning foreign law must provide notice through pleadings or other reasonable written notice.

44.1. Determination of Foreign Law. — A party who intends to raise an issue concerning the law of a foreign country shall give notice by pleadings or other reasonable written notice.

Applies to

Deposition taking notice

The written deposition notice must identify each person to be examined by name and address.

The notice shall state the name and address of each person to be examined.

Applies to

Order of notice

The Order of Notice should state that the citation and petition will be sent by Certified Mail, Return Receipt Requested, to all interested parties, the taxing authority's listed addresses, the respondent's last known address, and, for a business respondent, its agent for service and place of business.

Said Citation, along with the Petition, shall be sent via Certified Mail, Return Receipt Requested, to all parties appearing to be interested at the address or addresses on file with the taxing authority and to the respondent’s last known address, or if the respondent is a business entity, to its agent for service as well as its place of business.

Applies to

Extension or continuance email

The email subject line must identify the case number first, followed by the case name and language identifying the request as an extension or continuance for a dispositive motion.

(a) The subject line of the email shall reference the case number and case name (listing the case number first in the following format: PC-2022-01234) and “request for [extension-dispositive motion]/[continuance-dispositive motion]” or words to that effect;

Applies to

Pleading

Each averment in a pleading must be written simply, concisely, and directly.

Each averment of a pleading shall be simple, concise, and direct.

Applies to

Interrogatory answers

When an interrogatory answer can be derived from business records and the burden is substantially equal, specifying the records and allowing reasonable inspection and copying is a sufficient answer.

If the answer to an interrogatory may be derived or ascertained from the business records (including electronically stored information) of the party upon whom the interrogatory has been served or from an examination, audit or inspection of such business records, including a compilation, abstract or summary thereof, and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served, it is a sufficient answer to such interrogatory to specify the records from which the answer may be derived or ascertained and to afford to the party serving the interrogatory reasonable opportunity to examine, audit or inspect such records and to make copies, compilations, abstracts or summaries.

Applies to

Agreed miscellaneous motion

Agreed-upon miscellaneous motions may be submitted to the court for consideration.

Miscellaneous Motions that have been agreed upon by counsel may be submitted to the Court for consideration.