Providence County Superior Court Filing Timing and Cure Windows

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.

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.

A rejected filing is not docketed, the Registered User receives a notice explaining the rejection, and the filer must promptly correct and resubmit it while retaining the initial filing date for statutory and rule-based deadlines.

If rejected, the filing will not be docketed and notice will be sent to the Registered User indicating why the document(s) was returned. The rejection notice shall identify the basis for the rejection in accordance with the rules of the court. A rejected filing shall be promptly corrected and resubmitted and shall be deemed to have been submitted and filed on the initial filing date for purposes of any statutory or rule-based deadline.

A criminal case is initiated upon eCharging submission regardless of court hours, deadline-day filings are timely through 11:59 p.m., and the Judiciary computer’s recorded time and date control.

A criminal case will be deemed to have been initiated on the date and time when it is submitted through eCharging, regardless of whether the court is open for business at the time of submission. Documents will be considered to have been timely filed when submitted at any time up to 11:59 p.m. on a filing deadline day. The time and date registered by the Judiciary's computer shall be conclusive.

Papers requiring service must be filed before service or within a reasonable time afterward.

All papers required to be served shall be filed with the court either before service or within a reasonable time thereafter.

After an EFS submission, the Arbitration Office must timely review the documents and notify the filing party whether the filing is accepted or rejected.

(3) Clerk Review; Acceptance/Rejection Procedure: Following submission, the Arbitration Office shall timely review the electronically filed document(s) and shall notify the filing party as to whether the filing is accepted or rejected.

Accepted documents must be entered on the case docket with the filing date and time determined under Article X, Rule 5(b) of the Rhode Island Supreme Court Rules Governing Electronic Filing.

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.

A document must be rejected if it is filed without a required signature.

(A) Documents filed without a signature where required;

A pleading must be rejected if the required documents identified in the Superior Court's Electronic Filing System Guidelines are not included.

(B) Pleadings filed without the required documents as set forth in the Superior Court's Electronic Filing System Guidelines;

A document must be rejected if it is not filed in accordance with Rule 1(f)(2).

(C) Documents not filed in accordance with Rule 1(f)(2);

Documents, including required documents, attachments, or exhibits, must not be scanned in the wrong orientation, such as upside down or backwards.

(D) Documents, including any required documents, attachments, or exhibits, scanned in the wrong orientation, e.g., upside down or backwards;

A scanned document that is unreadable or illegible must be rejected.

(E) Documents scanned and filed that are unreadable or illegible;

A document must be rejected if it does not match the selected filing code type.

(G) The document filed does not match the selected filing code type;

A document must be rejected if it is filed in the wrong case.

(H) The document is filed into the wrong case;

A document must be rejected if it contains the wrong or an incomplete case caption.

(I) The document contains the wrong or incomplete case caption;

A document must be rejected if it is filed without case identification.

(J) The document is filed with no case identification;

The document was improperly scanned or uploaded.

(K) The document was improperly scanned or uploaded;

A filing must be rejected if the party name, party address, or document name exceeds the EFS character limit.

(L) The party name, party address, or document name exceeds the number of allotted characters in the EFS;

A filing must be rejected if the filer adds a party or participant who is not configured in the CMS or does not match the case information.

(M) The filer added a party or participant that is not configured in the CMS or does not match the information in the case;

A filing may be rejected when a payment processing error occurs.

(N) A payment processing error occurred; and/or

A filing may be rejected when a technical submission error occurs.

(O) A technical submission error occurred.

Deadline

2 business days

The moving party must email the Providence County Motion Calendar Clerk by 4:00 PM two business days before the scheduled hearing to schedule the motion.

No later than 4:00 PM two business days before the day on which a motion is scheduled to be heard1 the moving party shall email the Motion Calendar Clerk at ProvMotions@courts.ri.gov to schedule the motion for hearing:

An order may not be filed before the hearing.

Orders shall not be filed in advance of the hearing.

Deadline

4 calendar days

If only one written order is filed and no objection is made within four days, the clerk enters it; if multiple orders or an objection are filed within that period, only the court may enter the order.

If only one (1) order is filed and no objection thereto be filed within four (4) days thereafter, the clerk shall enter the order. If more than one (1) order is filed or if objection be filed within said four (4) days, the order shall be entered only by the court.

The Superior Court must timely review each EFS submission, notify the filer of acceptance or rejection, and docket accepted documents with the filing date and time prescribed by Article X, Rule 5(b).

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.

A criminal information or indictment submitted after 2:00 p.m. Monday through Friday is processed on the following business day.

A criminal information or indictment submitted after 2:00 p.m. Monday through Friday will be processed the following business day.

The court must act on a timely sentence-correction or reduction motion within a reasonable time, and any delay must not prejudice the movant.

The court shall act on the motion within a reasonable time, provided that any delay by the court in ruling on the motion shall not prejudice the movant.

The matter will be scheduled for the next available court date after court receipt and verification of the filing and completion of notice to opposing counsel.

Once the filing is received and verified, complete with notice to opposing counsel, the matter will be scheduled for the next available court date.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Deadline

5 calendar days

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.

Deadline

10 calendar days

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.

Deadline

3 calendar days

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:

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.

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.

A party against whom judgment as a matter of law has been rendered may serve a Rule 59 motion for a new trial no later than ten days after entry of judgment.

The party against whom judgment as a matter of law has been rendered may serve a motion for a new trial pursuant to Rule 59 not later than ten (10) days after entry of the judgment.

Deadline

3 calendar days

A newly discovered evidence motion for a new trial must be filed within three years after entry of judgment, and while an appeal is pending it may be granted only on remand.

A motion for a new trial based on newly discovered evidence may be made only within three (3) years after the entry of judgment by the court, but if an appeal is pending, the court may grant the motion only on remand of the case.

Deadline

10 calendar days

A new-trial motion on grounds other than newly discovered evidence must be made within ten days after the guilty verdict or finding, subject to a further time fixed by the court during that period, and a copy must be filed with the clerk.

A motion for a new trial based on any other grounds shall be made within ten (10) days after the verdict or finding of guilty or within such further time as the court may fix during the ten-day period. A copy of the motion for a new trial shall be filed with the clerk of the court.

Deadline

10 calendar days

A motion to arrest judgment must be made within ten days after the verdict, guilty finding, guilty plea, or nolo contendere plea, unless the court fixes a further time during that period.

The motion in arrest of judgment shall be made within ten (10) days after verdict or finding of guilty, or after plea of guilty or nolo contendere, or within such further time as the court may fix during the ten-day period.

A motion to correct an illegal sentence may be filed at any time.

The court may correct an illegal sentence at any time.

Deadline

120 calendar days

A sentence-reduction or correction motion may be filed within 120 days after sentencing, within 120 days after receipt of the specified Rhode Island Supreme Court mandate, or within 120 days after receipt of the specified United States Supreme Court mandate or order.

The court may correct a sentence imposed in an illegal manner and it may reduce any sentence when a motion is filed within one hundred and twenty (120) days after the sentence is imposed, or within one hundred and twenty (120) days after receipt by the court of a mandate of the Supreme Court of Rhode Island issued upon affirmance of the judgment or dismissal of the appeal, or within one hundred and twenty (120) days after receipt by the court of a mandate or order of the Supreme Court of the United States issued upon affirmance of the judgment, dismissal of the appeal, or denial of a writ of certiorari.

Deadline

20 calendar days

The attorney general may file a motion to increase a sentence within 20 days after a sentence-reduction motion is filed.

Within twenty (20) days after the filing of a motion to reduce a sentence, the attorney general may file a motion for an increase in said sentence.

After the probation unit recommends termination and the defendant has served at least three years of community probation, the defendant may file in Superior Court a motion to terminate probation.

In the event the probation unit recommends termination of the defendant's probation, the defendant may file in Superior Court a motion to amend the defendant's sentence to terminate the defendant's probation.

A defendant must file a motion to discharge probation at least ten days before the hearing.

The motion shall be filed by the defendant at least ten (10) days before the time fixed for the hearing, with a copy provided to the State who shall be afforded an opportunity to object to the motion.

Within 14 days after a warrant is issued, the warrant and all related papers, including supporting affidavits and any inventory of seized property, must be filed with the appropriate District Court clerk.

Within fourteen (14) days of the issuance of a warrant, the warrant, accompanied by any supporting affidavits, an inventory of any property seized, and all other papers in connection therewith shall be filed with the clerk of the division of the District Court which has jurisdiction over the place of the search or, in the event of a warrant that is not executed, the court from which it was issued.

Deadline

5 calendar days

A party that fails to file required pleadings within five days after service may be ordered to file them immediately; if the order is not obeyed, the pleadings may be stricken and their service declared ineffective.

If any party to an action fails to file within five (5) days after the service any of the pleadings required by this rule to be filed, the court, on motion of any party or of its own initiative, may order the pleadings 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.

A motion for rehearing after an award must be filed within the period allowed for rejecting the award under Rule 5(a).

Such motion for rehearing shall be filed with the court within the time allowed for rejection of the award as stated in Rule 5(a).

In exceptional cases, the arbitrator may accept post-hearing briefs submitted within 10 days after the hearing concludes but may not accept post-hearing evidence.

In exceptional cases, the arbitrator has discretion to receive post-hearing briefs, but not evidence, if submitted within ten (10) days after the hearing has been concluded.

The arbitrator's written, signed award must be filed with the court within 10 days after the later of the hearing's conclusion or receipt of post-hearing briefs.

The award shall be in writing, signed by the arbitrator, and filed with the court within ten (10) days after the hearing is concluded or the receipt of post-hearing briefs, whichever is later.

Post-hearing briefs must be filed with the arbitrator within 10 days after the hearing concludes.

Post hearing briefs shall be filed with the Arbitrator within ten (10) days after the hearing is concluded.

Non-emergency Formal and Special Cause motions may be filed for hearing on a court session day upon at least ten days’ notice.

Non-Emergency Formal and Special Cause motions may be filed for hearing on any day that the Court is in session and upon at least ten days’ notice in accordance with Super. R. Civ. P. 6(c).

Hearing dates for matters under item 4 or items 1 through 3 with less than ten days’ notice require approval of the Omnibus Form hearing date by the Formal and Special Cause Calendar Clerk.

To schedule a hearing on a matter in item (4) above and matters in items (1) to (3) above with less than ten days’ notice, the hearing date on the Omnibus Form must be approved by the Formal and Special Cause Calendar Clerk.

In Kent, Washington, and Newport Counties, Formal and Special Cause motions may be filed for hearing on Fridays, except holidays, upon ten days’ notice.

Formal and Special Cause motions may be filed for hearing on Friday of every week (excepting holidays), upon ten days’ notice in accordance with Super. R. Civ. P. 6(c).

Deadline

30 calendar days

Within 30 days after filing an agency appeal, the parties must either file a stipulated briefing-schedule order or schedule a Rule 16 conference with the Hearing Justice by contacting the Formal and Special Cause Calendar Clerk.

Within thirty (30) days of an agency appeal being filed, the parties shall file a consented to order for a briefing schedule or schedule a Super. R. Civ. P. 16 conference with the Hearing Justice sitting on the Formal and Special Cause Calendar by contacting the Formal and Special Cause Calendar Clerk.

Deadline

10 calendar days

After all briefs are filed and the record is complete, the appellant must file a Motion to Assign for Decision within 10 days.

Within ten (10) days of all briefs being filed and as long as the record is complete, the Appellant shall file a Motion to Assign for Decision.

Deadline

10 court days

In Providence County, non-dispositive motions may be filed for hearing on any session Thursday with ten days’ notice.

Non-dispositive motions may be filed for hearing on any Thursday that the Court is in session, upon ten days’ notice in accordance with Super. R. Civ. P. 6(c).

Deadline

10 court days

In Kent County, non-dispositive motions may be filed for hearing on the second and fourth Monday of each month with ten days’ notice, and holiday calendars are heard the following business day.

Non-dispositive motions may be filed for hearing on the second and fourth Monday of each month (excepting holidays), upon ten days’ notice in accordance with Super. R. Civ. P. 6(c). If a motion calendar falls on a court holiday, the calendar will be heard the following business day.

Deadline

10 court days

In Washington County, non-dispositive motions may be filed for hearing on the third Monday of each month with ten days’ notice, and holiday calendars are heard the following business day.

Non-dispositive motions may be filed for hearing on the third Monday of every month, (excepting holidays), upon ten days’ notice in accordance with Super. R. Civ. P. 6(c). If a motion calendar falls on a court holiday, the calendar will be heard the following business day.

Deadline

10 court days

In Newport County, non-dispositive motions may be filed for hearing on the first Monday of each month with ten days’ notice, and holiday calendars are heard the following business day.

Non-dispositive motions may be filed for hearing on the first Monday of every month, (excepting holidays), upon ten days’ notice in accordance with Super. R. Civ. P. 6(c). If a motion calendar falls on a court holiday, the calendar will be heard the following business day.

Matters involving self-represented litigants must be conducted in person, with notice to all parties.

All matters involving self-represented litigants will be conducted in-person with notice being given to all parties.

Deadline

3 calendar days

All objections to motions must be filed by three calendar days before the hearing.

1. Objections: All objections to motions shall be filed and served no later than three (3) calendar days before the hearing on the motion.

Deadline

1 calendar days

Any reply must be filed and served at least one calendar day before the hearing, with an electronic bench copy sent to the Motion Calendar Clerk.

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.

At least 60 days must elapse between filing a dispositive motion and its hearing to allow objections or replies.

A minimum of sixty (60) days is required from the date of filing to allow counsel to submit any objections/replies prior to the hearing on the motion(s).

Deadline

30 calendar days

An objection to a dispositive motion must be filed within 30 days after the motion is filed.

(b) Be filed within thirty (30) days of the filing of the motion; and

Deadline

10 calendar days

The moving party's reply must be filed within 10 days after the objection is filed.

(b) Be filed within ten (10) days of the filing of the objection.

A party objecting to the form of an order must file the objection within four days after the order is filed.

Any party objecting to the form of an Order shall file the objection within four (4) days of the filing of the Order pursuant to Super. R. Civ. P. 77(f)

The agreement email must be submitted at least one day before the scheduled hearing.

The email must be submitted at least one day prior to the scheduled hearing date.

All memoranda from interested parties in a Land Use Calendar appeal must be completed within 60 days after the certified record is filed.

R.I.G.L. section 8-2-40(d) requires that cases assigned to the calendar will be expedited and “All memoranda from all interested parties in an appeal assigned to the calendar shall be completed within 60 days of the filing of the certified record.”

The Court will enforce statutory appeal-filing time limits and require the record to be submitted promptly.

The Court will enforce these provisions, along with the other provisions of law requiring appeals to be filed within set time limits and the record to be promptly submitted.

The assigned Superior Court justice must set the appeal for hearing within 60 days after the appellant files the required transcript.

The Superior Court justice assigned to the Formal and Special Cause Calendar in Providence/Bristol County or the Superior Court justice assigned to the civil calendar in Kent, Newport, or Washington Counties shall assign the matter for hearing within sixty (60) days after the appellant files the required transcript with the court.

Deadline

1 calendar days

One day is added to a prescribed period when the triggering notice or paper is served electronically or by mail.

Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon the party, and the notice or paper is served upon the party electronically or by mail, one (1) day shall be added to the prescribed period.

Matters covered by items 1 through 3 may be assigned through an Omnibus Form without clerk approval if at least two weeks’ notice is provided.

Matters referred to in items (1) thru (3) above may be assigned for hearing with an Omnibus Form without the Formal and Special Cause Calendar Clerk’s approval by simply selecting a hearing date and providing at least two weeks’ notice.

Deadline

4 calendar days

If no objection to the agreed Motion to Assign is filed within four days, the case will be assigned to a judge for decision and possible oral argument.

If no objection is filed within four (4) days, then the case will be assigned to a Judge for decision and possible oral argument.

Motions are heard in person by default, but the Hearing Justice may order a different format on the court’s initiative or a party’s request.

All motions will be heard in person unless the Hearing Justice, on his or her initiative or in response to a request by a party, determines otherwise.

All motions are heard at 9:30 A.M.

All motions will be heard at 9:30 A.M.

Undue delay after receiving a dispositive-motion hearing date may result in loss of that date and the need to obtain a new next-available date.

3. Undue delay in filing the dispositive motion papers upon receiving the next available date may result in that hearing date being filled, requiring the moving party to seek a new next available date.