Providence County Superior Court Service and Proof of Service Rules

Applies to

Excusal request

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.

Service

Electronic service

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.

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.

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.

Service

Electronic service

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.

Service

Personal service

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;

Service

Electronic service

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;

Service

Electronic service

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.

Service

Mail

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

Applies to

Summons

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;

Applies to

Summons

Service

Mail

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;

Applies to

Summons

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.

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.

Applies to

Waiver of service request

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;

Applies to

Waiver of service request

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;

Applies to

Answer

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.

Service

Court service

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.

The summons, complaint, Language Assistance Notice, and all other required documents must be served together, with the plaintiff supplying the necessary copies to the person making service.

The summons, complaint, Language Assistance Notice, and all other required documents shall be served together. The plaintiff shall furnish the person making service with such copies as are necessary.

Applies to

Summons

Service

Personal service

Service on a competent individual who has not filed a waiver may be made personally, at the individual's dwelling or usual abode through a suitable resident, or through an authorized agent, with additional statutory notice when applicable.

Upon an individual from whom a waiver has not been obtained and filed, other than an incompetent person, by delivering a copy of the summons, complaint, Language Assistance Notice, and all other required documents to the individual personally or by leaving copies thereof at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons, complaint, Language Assistance Notice, and all other required documents to an agent authorized by appointment or by law to receive service of process, provided that if the agent is one designated by statute to receive service, such further notice as the statute requires shall be given.

Applies to

Summons

Service

Personal service

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.

Applies to

Summons

Service

Personal service

Service on a corporation or public body that has not filed a waiver may be made on specified corporate officers or agents, at an office through an employee, or through an authorized agent, with additional statutory notice when applicable.

Upon a public corporation, body, or authority or a private corporation, domestic or foreign, from which a waiver of service has not been obtained and filed, by delivering a copy of the summons, complaint, Language Assistance Notice, and all other required documents to an officer, director, manager, a managing or general agent, or by leaving a copy of the summons, complaint, Language Assistance Notice, and all other required documents at an office of the corporation with a person employed therein, or by delivering a copy of the summons, complaint, Language Assistance Notice, and all other required documents to an agent authorized by appointment or by law to receive service of process, provided that if the agent is one designated by statute to receive service, such further notice as the statute requires shall be given.

Applies to

Summons

Service

Personal service

Service upon the state is made by delivering the required documents to the attorney general or an assistant attorney general.

Upon the state by delivering a copy of the summons, complaint, Language Assistance Notice, and all other required documents to the attorney general or an assistant attorney general.

Applies to

Summons

Service

Personal service

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.

Applies to

Summons

Service

Personal service

Out-of-state service on a foreign corporation may be made through specified corporate officers or designated agents, registered or certified mail, or another court-ordered method providing notice and time to defend.

Upon a foreign corporation by delivery of a copy of the summons, complaint, Language Assistance Notice, and all other required documents by any disinterested person to the president, secretary, or treasurer of such corporation or to any agent or attorney for service of process designated by the corporation in the state of incorporation, or by mailing a copy of the summons, complaint, Language Assistance Notice, and all other required documents to any such officer or agent or to the corporation at its business address designated in the state of incorporation by registered or certified mail, return receipt requested, or by any other method ordered by the court to give such corporation notice of the action and sufficient time to prepare any defense thereto.

Applies to

Summons

Service on an individual outside the United States may use internationally agreed methods or specified foreign-law, foreign-authority, personal-delivery, signed-receipt mail, or court-directed alternative methods, subject to stated legal restrictions and a notice standard.

Unless otherwise provided by state or federal law, service upon an individual from whom a waiver has not been obtained and filed, other than an infant or an incompetent person, may be effected in a place not within the United States: (1) By any internationally agreed means reasonably calculated to give notice, such as those means authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents; (2) If there is no internationally agreed means of service or the applicable international agreement allows other means of service, provided that service is reasonably calculated to give notice: (A) In the manner prescribed by the law of the foreign country for service in that country in an action in any of its courts of general jurisdiction; (B) As directed by the foreign authority in response to a letter interrogatory or letter of request; or (C) Unless prohibited by the law of the foreign country, by: (i) Delivery to the individual personally of a copy of the summons, complaint, and Language Assistance Notice; or (ii) Any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the party to be served; or (3) By other means not prohibited by international agreement as may be directed by the court.

Service

Publication

When service cannot be completed with due diligence by another prescribed method, the court orders publication in one or more newspapers, unless an applicable statute specifies the form and manner.

(i) Service by Publication. Whenever in an action described in subdivision (h) of this rule complete service cannot with due diligence be made by another prescribed method, the court shall order service by publication of a notice of the action in one or more newspapers in such form and for such length of time as the court shall direct. If a statute expressly provides for service of process by publication, publication shall be in the form and manner provided by such statute.

Unless service is waived, proof must be made and returned to the plaintiff or self-represented litigant, non-officer service requires an affidavit, and the proof must be filed within the defendant's response period; failure to make proof does not invalidate service.

(j) Proof of Service. If service is not waived, the person serving the process shall make proof of service thereof on the original process or a paper attached thereto for that purpose, and shall forthwith return it to the plaintiff's attorney or a self- represented litigant. If service is made other than by a duly authorized officer in accordance with Title 9, Chapter 5 (Writs, Summons, and Process) of the Rhode Island General Laws, that person shall make affidavit thereof. A copy of any return receipt received in connection therewith shall be filed by the plaintiff's attorney or a self-represented litigant when returned. The plaintiff's attorney or a self-represented litigant shall, within the time during which the person served must respond to the process, file the proof of service with the court. Failure to make proof of service does not affect the validity of the service.

The plaintiff's attorney or self-represented litigant must file a copy of any related return receipt when it is received.

A copy of any return receipt received in connection therewith shall be filed by the plaintiff's attorney or a self-represented litigant when returned.

Service must be made within 120 days after commencement; otherwise the court may dismiss without prejudice or order service within a specified time, but must extend the period for an appropriate duration when the plaintiff shows good cause, and the rule does not apply to foreign-country service.

(l) Summons: Time Limit for Service. If service of the summons, complaint, Language Assistance Notice, and all other required documents is not made upon a defendant within one hundred and twenty (120) days after the commencement of the action the court upon motion or on its own initiative after notice to the plaintiff, shall dismiss the action without prejudice as to that defendant or direct that service be effected within a specified time; provided that if the plaintiff shows good cause for the failure, the court shall extend the time for service for an appropriate period. This Page 9 of 101 February 2024 ===== PAGE 10 ===== subdivision does not apply to service in a foreign country pursuant to subdivision (g).

The officer must receive the proposed writ, issuance motion, and hearing notice, and the defendant must also be served with the proposed writ and issuance motion accompanied by the hearing notice.

(4) Writ of Attachment: Service. The plaintiff's attorney or a self-represented litigant shall deliver to the officer making service a copy of the proposed writ of attachment together with a copy of the motion for its issuance and the notice of hearing thereof. When the summons, complaint, and Language Assistance Notice are served upon the defendant as provided in subdivisions (d) through (i) of this rule, the defendant shall also be served with a copy of the proposed writ of attachment and of the motion for its issuance with the notice of hearing thereof.

After service of the summons, complaint, and Language Assistance Notice, all papers in an attachment action must be served under the service-of-process rules unless the defendant has appeared, in which case Rule 5(b) applies.

After service of the summons, complaint, and Language Assistance Notice upon the defendant, attachment shall be available to the extent and in the manner provided by law, shall follow the form prescribed in paragraph (2) of this subdivision, and shall be issued in accordance with paragraph (3) of this subdivision. All papers shall be served upon the defendant in the manner provided for service of process under subdivisions (d) through (i) of this rule unless the defendant has appeared in the action, in which case service shall be made as provided in Rule 5(b).

The person serving a writ of attachment and its copy must make the proof of service under subdivision (j).

Upon service of a writ of attachment and copy thereof, the person making the service shall make the proof of service as provided in subdivision (j) of this rule.

Applies to

Orders pleadings discovery motions and similar papers

Parties must serve specified orders, pleadings, discovery papers, motions, and other papers on each party under Rule 1(b)(1)(I), with a certificate of service under Rule 1(b)(1)(B); non-Registered Users must use subdivision (b), and parties in default for failure to appear need not be served except with motions for assessment of damages or pleadings asserting new or additional claims, which require Rule 4 summons service.

Except as otherwise provided in these rules, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal, and similar paper shall be served upon each of the parties in accordance with Rule 1(b)(1)(I) and contain the certificate of service in Rule 1(b)(1)(B). Service by or upon those who are not Registered Users shall be in accordance with subdivision (b) and contain the certificate of service in Rule 1(b)(1)(B). No service need be made on parties in default for failure to appear except that motions for assessment of damages and pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in Rule 4.

When service is required or permitted for a represented party, it must be made on the attorney unless the court orders service on the party.

Whenever under these rules service is required or permitted to made upon a party represented by an attorney, the service shall be made upon the attorney unless the court orders service on the party.

Service

Electronic service

Attorneys and self-represented litigants who are Registered Users receive service electronically through the EFS.

For attorneys and self-represented litigants who are Registered Users, service is made electronically using the EFS.

Service

Personal service

For the specified non-electronic-service categories, service may be made by personally delivering the copy to the person, their office, or their dwelling.

Delivering a copy to the person served by: (i) Handing it to the person; (ii) Leaving it at the person's office with a clerk or other person in charge or if no one is in charge, leaving it in a conspicuous place in the office; or (iii) Leaving it at the person's dwelling house or usual place of abode with someone of suitable age and discretion residing there.

Service

Mail

For the specified non-electronic-service categories, service may be made by mailing a copy to the person's last known address, and service is complete upon mailing.

Mailing a copy to the last known address of the person served. Service by mail is complete on mailing.

For the specified non-electronic-service categories, the court may order service by another means.

Any other means ordered by the court.

Deadline

10 calendar days

Applies to

Written motion

Service

Personal service

A written motion and hearing notice generally must be served at least ten days before the hearing, supporting affidavits must accompany the motion, and opposing affidavits generally must be served by the day before the hearing.

A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than ten (10) days before the time specified for the hearing, unless a different period is fixed by these rules or by order of the court. Such an order may for cause shown be made on ex parte application. When a motion is supported by affidavit, the affidavit shall be served with the motion; and, except as otherwise provided in Rule 59(c), opposing affidavits may be served no later than one (1) day before the hearing, unless the court permits them to be served at some other time.

Deadline

10 calendar days

Applies to

Motion

The listed motions and their hearing notices must be served 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.

Applies to

Third party complaint

At the time the third-party complaint is served, the third-party plaintiff must notify the third-party defendant whether the case is assigned for trial and, if so, the trial date and calendar.

(c) Notice of Assignment. At the time of service of the third-party complaint, notice shall be given to the third-party defendant by the third-party plaintiff as to whether the case is assigned for trial and if so to what date and calendar.

Applies to

Motion

A motion for substitution and the notice of hearing must be served on parties under Rule 5 and on nonparties under Rule 4.

The motion for substitution may be made by any party or by the successors or representatives of the deceased party and, together with the notice of hearing, shall be served on the parties as provided by Rule 5 and upon persons not parties in the manner provided in Rule 4 for the service of a summons.

Applies to

Motion

A motion concerning a transfer of interest must be served as provided in subdivision (a).

Service of the motion shall be made as provided in subdivision (a) of this rule.

Applies to

Written questions

A party taking a deposition upon written questions must serve the questions on every other party with a notice.

(3) A party desiring to take a deposition upon written questions shall serve them upon every other party with a notice stating;

Applies to

Interrogatory answers

A party served with interrogatories must serve its answers and objections within 40 days after service unless the court, on motion, notice, and good cause, changes the time.

The answers and objections on the party submitting the interrogatories within forty (40) days after the service of the interrogatories, unless the court on motion and notice and for good cause shown, enlarges, or shortens the time.

Applies to

Amended interrogatory answers

Amended answers must be served within a reasonable time when new information makes prior answers incomplete or incorrect, and no later than 30 days before trial.

If the party furnishing answers to interrogatories shall subsequently obtain information which renders such answers incomplete or incorrect, amended answers shall be served within a reasonable time thereafter but not later than thirty (30) days prior to the day fixed for trial.

Applies to

Request for admission

A responding party generally has 30 days after service of a request for admission to serve a signed written answer or objection, subject to court modification and the separate 45-day defendant rule.

The matter is admitted unless, within thirty (30) days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by the party's attorney, but, unless the court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of forty-five (45) days after service of the summons, complaint, Language Assistance Notice, and all other required Page 57 of 101 February 2024 ===== PAGE 58 ===== documents upon the defendant.

Applies to

Jury demand

A jury demand must be served in writing on the other parties and filed as required by Rule 5(d), no later than ten days after service of the last pleading directed to the issue.

(1) Serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than ten (10) days after the service of the last pleading directed to such issue; and (2) Filing the demand as required by Rule 5(d). Such demand may be indorsed upon a pleading of the party.

Applies to

Masters report

Unless the order of reference provides otherwise, the master must serve a copy of the report on each party.

Unless otherwise directed by the order of reference, the master shall serve a copy of the report on each party.

Applies to

Subpoena

A subpoena may be served by an authorized officer or by a nonparty at least 18 years old, must be delivered to the person named, and requires prior notice for commanded pretrial production or inspection and, when necessary, proof of service filed with the issuing court's clerk.

(b) Service. (1) A subpoena may be served 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 other person who is not a party and is not less than eighteen (18) years of age. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person and, if the person's attendance is commanded, by tendering to that person the fees for one (1) day's attendance and the mileage allowed by law. When the subpoena is issued on behalf of the state or any officer or agency thereof, fees and mileage need not be tendered. Prior notice of any commanded production of documents and things or inspection of premises before trial shall be served on each party in the manner prescribed by Rule 5(b). A subpoena may be served at any place within the state. (2) Proof of service when necessary shall be made by filing with the clerk of the court by which the subpoena is issued a statement of the date and manner of service and the names of the persons served, certified by the person who made the service.

Applies to

Masters report

The master must file the report with the clerk and serve notice of the filing on all parties.

The master shall file the report with the clerk of the court and serve on all parties notice of the filing.

Applies to

New trial motion

A motion for a new trial must be served no later than 10 days after judgment is entered.

A motion for a new trial shall be served not later than ten (10) days after the entry of the judgment.

Applies to

Written objections to masters report

Within 10 days after receiving notice that the report was filed, any party may serve written objections on the other parties.

Within ten (10) days after being served with notice of the filing of the report any party may serve written objections thereto upon the other parties.

Applies to

Bill of costs

The bill of costs, detailing each item, and any supporting affidavits must be served with the notice of taxation.

A copy of the bill of costs, specifying the items in detail, and a copy of any supporting affidavits shall be served with the notice.

Deadline

10 calendar days

Applies to

Notice of application for default judgment

A party who has appeared in the action must receive written notice of an application for default judgment at least 10 days before the hearing.

If the party against whom judgment by default is sought has appeared in the action, the party (or, if appearing by representative, the party's representative) shall be served with written notice of the application for judgment at least ten (10) days prior to the hearing on such application.

Deadline

10 calendar days

Applies to

Summary judgment motion

A summary judgment motion must be served at least 10 days before the scheduled hearing.

The motion shall be served at least ten (10) days before the time fixed for the hearing.

Applies to

Opposing affidavits

The opposing party has 10 days after service to serve opposing affidavits, with a possible extension of no more than 20 days by the court for good cause or by written stipulation of the parties.

The opposing party has ten (10) days after such service within which to serve opposing affidavits, which period may be extended for an additional period not exceeding twenty (20) days either by the court for good cause shown or by the parties by written stipulation.

Applies to

Motion

A motion to alter or amend a judgment must be served within 10 days after entry of the judgment.

(e) Motion to Alter or Amend a Judgment. A motion to alter or amend the judgment shall be served not later than ten (10) days after entry of the judgment.

Applies to

Motion for writ of replevin

A motion for issuance of a writ of replevin may not be granted without notice.

A motion for issuance of a writ of replevin shall not be granted ex parte.

Applies to

Motion for writ of replevin

The writ-of-replevin motion must be served together with the summons, complaint, Language Assistance Notice, and all other required documents.

which shall be served along with the a summons, complaint, Language Assistance Notice, and all other required documents.

Applies to

Preliminary injunction

A preliminary injunction may not issue without notice to the adverse party.

No preliminary injunction shall be issued without notice to the adverse party.

Deadline

6 calendar days

Applies to

Citation

Service

Personal service

A supplementary-proceedings citation must be served on the judgment debtor personally or at the debtor's dwelling or usual abode at least six days before the appearance date.

Said citation shall be served by delivering a copy to the judgment debtor or by leaving a copy at the individual's dwelling house or usual place of abode of the judgment debtor with a person of suitable age and discretion then residing therein, at least six (6) days before the date of appearance named in the citation.

Applies to

Citation

A citation for noncompliance with an installment-payment decree must be served in the same manner as a citation in supplementary proceedings under subdivision (b)(3).

Service of said citation shall be in a like manner to that provided for service of citations in supplementary proceedings as provided in subdivision (b)(3).

Applies to

Post judgment wage attachment

A post-judgment wage attachment expires without prejudice if not served on the employer within forty-five days after issuance, and any subsequent writ requires renewed notice and a hearing opportunity.

A writ of attachment so issued shall expire without prejudice unless served upon the employer within forty-five (45) days of its issuance, and no subsequent writ of attachment shall be issued in the same action without notice to the defendant and an opportunity for a hearing as provided herein.

Applies to

Post judgment writ of trustee process

On the day a qualifying post-judgment writ of trustee process is served on a garnishee, the plaintiff must send the writ and an exemption-hearing notice to the court and defendant.

On the day of service of a post-judgment writ of trustee process upon a garnishee, other than a writ attaching wages or a writ against a corporate or business entity judgment debtor, the plaintiff shall send to the court, in accordance with Rule 1(b)(1)(I) and contain the certificate of service in Rule 1(b)(1)(B), and to the defendant at the last known address a copy of the writ of trustee process and a notice thereof containing a date for a hearing before the court of any claim for exemption which the defendant may have under federal or state law.

Applies to

Notice of exemption hearing

An exemption hearing notice sent in the post-judgment trustee-process procedure must set a hearing five to nine days after the notice is sent.

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

Post judgment wage attachment

Service

Mail

A post-judgment wage-garnishment writ may issue only after motion, notice, and a hearing opportunity, and its hearing must be set ten to twenty-five days after the notice is mailed.

A writ of attachment to be served as a writ of garnishment of wages after the plaintiff's claim has been reduced to judgment in any civil action shall be issued, in the same action, only upon motion and notice to the defendant and an opportunity to be heard thereon and shall contain the date of the hearing, which shall be not less than ten (10) nor more than twenty- five (25) days after the date of the mailing of the notice.

Applies to

Post judgment wage attachment

A wage attachment may not be served on the employer before the hearing date.

No wage attachment shall be served upon an employer until after the date of the hearing.

Applies to

Administrative review complaint

A copy of the administrative-review complaint must be served on the governmental actor and all other parties to the reviewed proceeding in the manner provided by Rule 5.

A copy of the complaint shall be served upon the governmental agency, department, board, commission or officer, and upon all other parties to the proceeding to be reviewed in the manner provided by Rule 5.

Service

Electronic service

When the criminal rules require notice, notice must be electronic through the EFS unless the rules state otherwise.

Where the Super.R.Crim.P. require notice to be given, notice shall mean electronic notice using the EFS unless stated otherwise.

Service

Personal service

Subpoenas, complaints, petitions, and other documents requiring hand delivery or personal service 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;

Service

Electronic service

All other service or notice within a case must be completed electronically through the EFS unless otherwise stated.

(ii) All other service or notice within a case shall be electronic using the EFS unless stated otherwise; and

Service

Electronic service

Discovery ordinarily must be served electronically through the EFS, but non-conforming or unusually voluminous discovery must be served conventionally.

(iii) 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.

A criminal summons may be served by personal delivery, by leaving it at the defendant's dwelling or usual abode with a suitably mature resident, or by mail to the defendant's last known address.

The summons shall be served upon a defendant by delivering a copy to the defendant personally, by leaving it at the defendant's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by mailing it to the defendant's last known address.

The person entrusted with serving a summons must return it to the District Court on or before the return day.

On or before the return day the person to whom a summons was delivered for service shall make return thereof to the District Court

Applies to

Petition for disclosure

Unless an authorized State ex parte hearing is used, the petitioner must serve written notice of a grand-jury-disclosure petition on the State attorney, relevant judicial-proceeding parties, and any other persons directed by the court, who must receive a reasonable opportunity to appear and be heard.

(D) Unless the hearing on a petition for disclosure pursuant to subdivision (e)(3)(C)(i) is ex parte, which it may be when the petitioner is the State, the petitioner shall serve written notice of the petition upon: (i) The attorney for the State; (ii) The parties to the judicial proceeding if disclosure is sought in connection with such a proceeding; and (iii) Such other persons as the court may direct. The court shall afford those persons a reasonable opportunity to appear and be heard.

Service

Mail

When service is made through a statutorily authorized agent and the governing statute requires it, a copy must also be mailed to the corporation's last known address within the State or principal place of business elsewhere in the United States.

and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the corporation's last known address within the State or at its principal place of business elsewhere in the United States.

Applies to

Notice to appear

Service

Mail

A notice to appear must be served by mail at the defendant's last known address.

A notice to appear shall be served by mailing it to the defendant's last known address.

The person entrusted with serving a summons or notice to appear must return it on or before the return day.

On or before the return day the person to whom a summons or a notice to appear was delivered for service shall make return thereof.

The defendant's insanity-defense notice must be served on the Attorney General within 30 days after the defendant enters 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.

The Attorney General's written sanity-witness notice must be served 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.

A defendant must provide written notice within 21 days after receiving the State's demand and particulars stating whether the defendant intends to rely on an alibi defense.

The defendant, within twenty-one (21) days after receipt of such demand and particulars, shall give written notification whether the defendant intends to rely in any way on the defense of alibi.

The State must provide written notice of its alibi-witness names and addresses within 21 days after receiving the defendant's written alibi notification and particulars.

Within twenty-one (21) days after receipt of written notification of intent to rely on the defense of alibi, together with particulars thereof, the attorney for the State shall furnish to the defendant written notice of the names and addresses of the witnesses whom the State intends to call at the trial to establish the defendant's presence at the place where and the time when the offense is alleged to have occurred.

Applies to

Subpoena

A subpoena may be served by a duly authorized officer or by a nonparty at least 18 years old, and service requires delivery of the subpoena and tender of attendance and mileage fees unless it is issued for the State or its officer or agency.

A subpoena may be served 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 other person who is not a party and who is not less than eighteen (18) years of age. Service of a subpoena shall be made by delivering a copy thereof to the person named and by tendering to him the fee for one day's attendance and the mileage allowed by law. When the subpoena is issued in behalf of the State or an officer or agency thereof, fees and mileage need not be tendered.

Applies to

Subpoena

Service

Other

An out-of-state witness subpoena must be issued and served under the Uniform Act to Secure the Attendance of Witnesses from Without the State in Criminal Cases.

A subpoena directed to a witness outside the State of Rhode Island shall issue under the circumstances and in the manner and be served as provided in the Uniform Act to Secure the Attendance of Witnesses from Without the State in Criminal Cases, G.L.1956 (1969 Reenactment) §§ 12-16-1 through 12-16-13.

Applies to

Motion

A copy of the motion to discharge probation must be provided to the State, which may object.

with a copy provided to the State who shall be afforded an opportunity to object to the motion.

Applies to

Written motions notices and similar papers

Written motions, certain notices, designations of record on appeal, and similar papers must be served on every party.

Written motions, other than those which are heard ex parte, written notices, designations of record on appeal, and similar papers shall be served upon each of the parties.

Applies to

Papers served on represented party

For a represented party, service must be made on the attorney unless the court orders service on the party.

Whenever under these rules or by an order of the court service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless the court orders service on the party.

Service

Electronic service

Attorneys and self-represented litigants who are Registered Users receive service electronically through the EFS.

For attorneys and self-represented litigants who are Registered Users, service is made electronically using the EFS.

Service on incarcerated individuals, attorneys with an electronic-filing waiver, and self-represented litigants who do not elect to e-file may be made by personal delivery, mail, or another court-ordered means.

For incarcerated individuals, attorneys who are granted a waiver pursuant to Article 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 Article X, Rule 3(b), service is made by: (A) Delivering a copy to the person served by: (i) Handing it to the person; (ii) Leaving it at the person's office with a clerk or other person in charge or if no one is in charge, leaving it in a conspicuous place in the office; or (iii) Leaving it at the person's dwelling house or usual place of abode with someone of suitable age and discretion residing there. (B) Mailing a copy to the last known address of the person served. Service by mail is complete on mailing; or (C) Any other means ordered by the court.

Service

Mail

Service by mail is complete when the copy is mailed.

Service by mail is complete on mailing

Applies to

Papers required to be served

Filing a required paper represents that it has been or will be served on the other parties; further proof of service is unnecessary unless notice is disputed, in which case the server's affidavit is prima facie evidence.

Such filing by a party or party's attorney shall constitute a representation by the party that a copy of the paper has been or will be served upon each of the other parties as required by subdivision (a) of this rule. No further proof of service is required unless an adverse party raises a question of notice. In such instance the affidavit of the person making service shall be prima facie evidence.

Service

Electronic service

Required notice under the Arbitration Rules must be electronic notice through the EFS unless otherwise stated.

(E) Notice. Where the Arbitration Rules require notice to be given, it shall mean electronic notice using the EFS unless stated otherwise.

Service of documents or information required under the Arbitration Rules must comply with Super.R.Civ.P. 5(b).

(G) Service. Where the Arbitration Rules require a document or information to be served, sent, delivered, or forwarded, service shall be in accordance with Super.R.Civ.P. 5(b).

The written application for a hearing extension must be served on opposing parties at the earliest practicable time and no later than the Rule 3(b) prehearing exchange date.

(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).

Notice of assignment to arbitration must be served on the selected arbitrator and all parties within five days of the arbitrator's selection.

Notice that a case has been assigned to arbitration shall be served on the selected arbitrator and all parties within five (5) days of such selection.

Within five days after receiving assignment notice, the arbitrator must notify the Arbitration Office and all parties that the designation was received and accepted.

Within five (5) days of receiving such notice, the selected arbitrator shall notify the Arbitration Office and all parties to the matter in accordance with Super.R.Civ.P. 5(b) that the arbitrator has received and accepted the designation.

Matters involving self-represented litigants require notice to all parties.

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

Service

Email

The pre-hearing scheduling email must be copied to every party, including self-represented litigants, unless a party has no email address, in which case the information must be sent by the most efficient means reasonably available to provide notice.

This pre-hearing scheduling 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.

Service

Electronic service to all parties

The pre-hearing scheduling email must be copied to every party, including self-represented litigants; if an email address is unavailable, the information must be sent by the most efficient means reasonably providing notice.

(c) This pre-hearing scheduling 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.

Deadline

1 business days

Service

Email to opposing party

A disagreeing party must send the Motion Calendar Clerk an email, with notice to opposing parties, by 4:00 PM one business day before the hearing.

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.

Deadline

3 calendar days

All objections to motions must be served no later than 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 served 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.

Applies to

Pro se filing

A pro se matter is scheduled for the next available court date after the filing is received and verified and opposing counsel has been noticed.

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

Applies to

Notice of appeal

Service

Court service to opposing party

The Superior Court must serve notice of the appeal filing on each non-appellant party's attorney of record or the non-appellant self-represented litigant.

The Superior Court shall serve notice of the filing of a notice of appeal to the attorney of record of each party or self-represented litigant other than the appellant.

Applies to

Cross questions

A party may serve cross questions on all other parties within 14 days after service of the notice and written questions.

Within fourteen (14) days after the notice and written questions are served, a party may serve cross questions upon all other parties.

Applies to

Redirect questions

A party may serve redirect questions on all other parties within 7 days after being served with cross questions.

Within seven (7) days after being served with cross questions, a party may serve redirect questions upon all other parties.

Applies to

Recross questions

A party may serve recross questions on all other parties within 7 days after being served with redirect questions.

Within seven (7) days after being served with redirect questions, a party may serve recross questions upon all other parties.

Applies to

Interrogatories

Interrogatories may be served after commencement without leave of court, but a plaintiff serving within 60 days after service of process must first obtain leave of court, with or without notice.

Interrogatories may be served after commencement of the action and without leave of court, except that, if service is made by the plaintiff within sixty (60) days after service of process upon the defendant, leave of court granted with or without notice must be first obtained.

Applies to

Request for admission

Copies of documents described in a request for admission must accompany the request unless already furnished or made available for inspection and copying.

Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying.

Applies to

New trial motion affidavits

Affidavits supporting a new-trial motion must be served with the motion.

When a motion for new trial is based upon affidavits they shall be served with the motion.

Papers affecting a surety's liability may be served on the court clerk, who must promptly send copies to the security providers when their addresses are known.

A surety upon a bond or undertaking under this rule submits to the jurisdiction of the court and irrevocably appoints the clerk of the court as the surety's agent upon whom any papers affecting the surety's liability on the bond or undertaking may be served. The surety's liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the court prescribes may be served on the clerk of the court who shall forthwith send copies to the persons giving the security if their addresses are known.

Applies to

Notice

A further hearing concerning a judgment debtor's ability to pay may be requested by any party only after notice is given to all other parties.

A further hearing on the subject of the debtor's ability may be held on the motion of any party after notice given to all other parties.

Applies to

Notice

Notice must be given under Rule 5(b), and a further ability-to-pay hearing for a previously unassessed debtor requires affidavit or sworn-testimony review and a court finding permitting the hearing.

Notice shall be given in the manner provided by Rule 5(b), except that no further hearing shall be held regarding a debtor for whom no ability to pay has earlier been determined by the court, unless the court, after examination of an affidavit or the receipt of sworn testimony, finds cause to believe that a new inquiry should be made and permits such a hearing to be scheduled.

The clerk's immediate docket notation gives notice of an order or judgment; additional service is permitted, but no separate notice is required when the order or judgment is entered in open court in the parties' presence.

Immediately upon the entry of an order or judgment the clerk shall make a note in the docket. Such notation is sufficient notice for all purposes for which notice of the entry of an order is required by these rules; but any party may in addition serve a notice of such entry in the manner provided in Rule 5 for the service of papers. No notice need be served if an order or judgment is entered in open court in the presence of the parties or their attorneys.

The certificate of service for a written order must confirm that a copy was sent to all other parties in accordance with 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.

Applies to

Speedy trial motion

The defendant's attorney must send the Attorney General a copy when filing a motion for a speedy trial.

When a Motion for a Speedy Trial is filed by a defendant, the attorney for the defendant shall send a copy to the Attorney General.

Applies to

Motion to dismiss for failure to obtain speedy trial

The defendant's attorney must send the Attorney General a copy when filing a motion to dismiss for failure to obtain a speedy trial.

When a Motion to Dismiss for Failure to Obtain a Speedy Trial is filed, the attorney for the defendant shall send a copy to the Attorney General.

The party requesting a deposition must give every other party reasonable written notice of the deposition's time and place.

The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.

On motion by the defendant or the State, the court may order a deposition after notice to the parties.

the court at any time after the filing of an indictment, information, or complaint may upon motion of a defendant or the State and notice to the parties, order that the prospective witness' testimony be taken by deposition

Upon written motion by a committed witness and notice to the parties, the court may direct that the witness's deposition be taken.

If a witness is committed for failure to give bail to appear to testify at a trial or hearing, the court on written motion of the witness and upon notice to the parties may direct that the witness' deposition be taken.

Applies to

Subpoena

A subpoena requiring witness attendance at a hearing or trial may be served anywhere within Rhode Island.

A subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within the State of Rhode Island.

Service

Publication

Before a merits hearing, the court may require newspaper advertising to reach the heirs or devisees of a deceased respondent or report-listed person unless the petitioner provides satisfactory evidence of due diligence.

Prior to a hearing on the merits of a Petition, if any respondent and/or anyone listed on the title examiner’s report is deceased or petitioner believes they may be deceased, the Court may include in the Order of Notice a requirement to advertise in a newspaper most likely to reach the heirs or devisees of the decedent, unless the Petitioner can provide evidence satisfactory to the Court of due diligence conducted to find heirs or devisees.

Applies to

Summons

When qualifying papers are mailed to the court, the attorney or self-represented litigant may obtain the electronically generated summons at the clerk's office.

If the complaint and all other required documents are mailed to the court, a summons shall be generated electronically by the court and the attorney or self-represented litigant may obtain the summons at the clerk's office.

Applies to

Summons

The court permits additional summons to be issued against any defendant.

Additional summons may be issued against any defendant.

Applies to

Request for admission

The request may be served on the plaintiff after the action begins, and on any other party with or after service of the summons, complaint, Language Assistance Notice, and all other required documents.

The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons, complaint, Language Assistance Notice, and all other required documents upon that party.

Applies to

Opposing affidavits

The adverse party may serve opposing affidavits before the day of the summary judgment hearing.

The adverse party prior to the day of hearing may serve opposing affidavits.

Any person authorized to execute a warrant may serve a criminal summons.

The summons may be served by any person authorized to execute a warrant.

A criminal summons may be served anywhere within Rhode Island.

The summons may be served at any place within the State of Rhode Island.