FORMER Rhode Island Constable - District Court

Rhode Island District Court
Civil Rules of Procedure

Sections:

  1. SCOPE OF RULES--ONE FORM OF ACTION
  2. COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS,
  3. PLEADINGS AND MOTIONS
  4. PARTIES
  5. DEPOSITIONS AND DISCOVERY
  6. TRIALS
  7. JUDGEMENT
  8. PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS
  9. APPEALS
  10. DISTRICT COURT AND CLERKS
  11. SPECIAL RULES FOR CERTAIN ACTIONS
  12. GENERAL PROVISIONS

Complete Map of Index

  1. SCOPE OF RULES--ONE FORM OF ACTION

    1. RULE 1. SCOPE OF RULES
      RULE 2. ONE FORM OF ACTION


  2. COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS AND ORDERS

    1. RULE 3. COMMENCEMENT OF ACTION
      RULE 4. PROCESS, ATTACHMENT, TRUSTEE PROCESS, ARREST
      1. Summons: Form.
      2. Same: Issuance
      3. By Whom Served
      4. Summons: Personal Service
      5. Service Outside State: Personal Jurisdiction
      6. Service Outside the State in Certain Actions
      7. Service by Publication
      8. Return
      9. Amendment.
      10. Attachment and Trustee Process.
        1. Availability of Remedies.
        2. Writ of Attachment: Form
        3. Same: Issuance.
        4. Same: Service.
        5. Attachment on Counterclaim, Cross-Claim, or Third-Party Complaint.
        6. Subsequent Attachment.
        7. Return of Service.
      11. Arrest.
        1. Availability of Remedy
        2. Form and Service.
        3. Subsequent Writ of Arrest.
        4. Ne Exeat RULE 4.1 [REPEALED]
      RULE 5. SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS
      1. Service: When Required.
      2. Same: How Made.
      3. Same: Numerous Defendants.
      4. Filing: No Proof of Service Required.
      5. Filing With the Court Defined
      6. Effect of Failure to File.
      RULE 6. TIME
      1. Computation
      2. Enlargement.
      3. For Motions--Affidavits.
      4. Additional Time After Service by Mail


  3. PLEADINGS AND MOTIONS

    1. RULE 7. PLEADINGS ALLOWED--FORM OF MOTIONS
      1. Pleadings.
      2. Motions and Other Papers.
      3. Demurrers, Pleas, etc., Abolished.
      RULE 8. GENERAL RULES OF PLEADING
      1. Claims for Relief.
      2. Defenses; Form of Denials.
      3. Affirmative Defenses.
      4. Effect of Failure to Deny.
      5. Pleading to Be Concise and Direct; Consistency.
        1. Each averment of a pleading shall be simple, concise, and direct.
        2. A party may set forth two (2) or more statements of a claim or defense
      6. Construction of Pleadings.
      RULE 9. PLEADING SPECIAL MATTERS
      1. Capacity.
      2. Fraud, Mistake, Condition of the Mind.
      3. Conditions Precedent.
      4. Official Document or Act.
      5. Judgment.
      6. Time and Place.
      7. Special Damage.
      RULE 10. FORM OF PLEADINGS
      1. Caption; Names of Parties.
      2. Paragraphs; Separate Statements.
      3. Adoption by Reference; Exhibits.
      RULE 11. SIGNING OF PLEADINGS
      RULE 12. DEFENSES AND OBJECTIONS--WHEN AND HOW PRESENTED--BY PLEADING OR MOTION--MOTION FOR JUDGMENT ON PLEADINGS
      1. When Presented.
      2. How Presented.
      3. Motion for Judgment on the Pleadings
      4. Preliminary Hearings.
      5. Motion for More Definite Statement
      6. Motion to Strike.
      7. Consolidation of Defenses
      8. Waiver of Defenses.
      RULE 13. COUNTERCLAIM AND CROSS-CLAIM
      1. [Reserved].
      2. Permissive Counterclaims.
      3. Counterclaim Exceeding Opposing Claim.
      4. [Reserved].
      5. Counterclaim Maturing or Acquired After Pleading.
      6. Omitted Counterclaim.
      7. Cross-Claim Against Co-party.
      8. Additional Parties May Be Brought in.
      9. Separate Trials; Separate Judgments.
      RULE 14. THIRD-PARTY PRACTICE
      1. When Defendant May Bring in Third Party.
      2. When Plaintiff May Bring in Third Party.
      3. Notice of Assignment.
      RULE 15. AMENDED AND SUPPLEMENTAL PLEADINGS
      1. Amendments.
      2. Amendments to Conform to the Evidence.
      3. Relation Back of Amendments.
      4. Supplemental Pleadings.
      RULE 16. PRE-TRIAL PROCEDURE--FORMULATING ISSUES

  4. PARTIES
    1. RULE 17. PARTIES PLAINTIFF AND DEFENDANT--CAPACITY
      1. Real Party in Interest.
      2. Capacity to Sue or Be Sued.
      3. Infants or Incompetent Persons.
      RULE 18. JOINDER OF CLAIMS AND REMEDIES
      1. Joinder of Claims.
      2. Joinder of Remedies.
      RULE 19. NECESSARY JOINDER OF PARTIES
      1. Necessary Joinder.
      2. Effect of Failure to Join.
      3. Same:
      RULE 20. PERMISSIVE JOINDER OF PARTIES
      1. Permissive Joinder.
      2. Separate Trials.
      RULE 21. MISJOINDER AND NONJOINDER OF PARTIES
      RULES 22 AND 23. [RESERVED]
      RULE 24. INTERVENTION
      1. Intervention of Right.
      2. Permissive Intervention
      3. Procedure.
      4. Intervention by the Attorney General.
      RULE 25. SUBSTITUTION OF PARTIES
      1. Death.
      2. Incompetency.
      3. Transfer of Interest.
      4. Public Officers; Death or Separation From Office.


  5. DEPOSITIONS AND DISCOVERY

    1. RULE 26. DEPOSITIONS PENDING ACTION
      1. When Depositions May Be Taken.
      2. Scope of Examination; Limitations.
        1. Scope of Examination
        2. Limitations
      3. Examination and Cross-Examination.
      4. Use of Depositions.
      5. Objections to Admissibility.
      6. Effect of Taking or Using Depositions.
      RULE 27. DEPOSITIONS BEFORE ACTION
      RULE 28. PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN
        (c) Disqualification for Interest.
      RULE 29. STIPULATIONS REGARDING THE TAKING OF DEPOSITIONS
      RULE 30. DEPOSITIONS UPON ORAL EXAMINATION
      1. Notice of Examination: Time and Place.
      2. Orders for the Protection of Parties and Deponents.
      3. Record of Examination; Oath; Objections.
      4. Motion to Terminate or Limit Examination.
      5. Submission to Witness; Changes; Signing.
      6. Certification and Filing by Officer; Copies; Opening.
      7. Failure to Attend or to Serve Subpoena; Expenses.
      RULE 31. DEPOSITIONS OF WITNESS UPON WRITTEN INTERROGATORIES
      1. Serving Interrogatories; Notice.
      2. Officer to Take Responses and Prepare Record.
      3. Inspection of Deposition on File.
      4. Orders for the Protection of Parties and Deponents.
      RULE 32. EFFECT OF ERRORS AND IRREGULARITIES IN DEPOSITIONS
      1. As to Notice.
      2. As to Disqualification of Officer.
      3. As to Taking of Deposition.
      RULE 33. INTERROGATORIES TO PARTIES
      1. Availability; Answers;
      2. Scope; Limitations.
      3. Continuing Duty to Answer.
      RULE 34. PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY UPON LAND FOR INSPECTION FOR OTHER PURPOSES
      1. Scope.
      2. Procedure.
      RULE 35. PHYSICAL AND MENTAL EXAMINATION OF PERSONS
      1. Order for Examination.
      2. Report of Findings.
      3. Statutory Appointment of Expert Witnesses.
      RULE 36. ADMISSION OF FACTS AND OF GENUINENESS OF DOCUMENTS
      1. Request for Admission.
      2. Effect of Admission.
      RULE 37. REFUSAL TO MAKE DISCOVERY--CONSEQUENCES
      1. Refusal to Answer.
      2. Failure to Comply With Order.
        1. Contempt.
        2. Other Consequences.
      3. Expenses on Refusal to Admit
      4. Failure of Party to Attend or Serve Answers.


  6. TRIALS

    1. RULES 38 AND 39. [RESERVED]
      RULE 40. ASSIGNMENT OF CASES FOR TRIAL--CONTINUANCES
      1. Assignment of Cases for Trial.
      2. Continuances.
      3. Affidavit or Certificate in Support of Motion.
      RULE 41. DISMISSAL OF ACTIONS
      1. Voluntary Dismissal:
        1. By Plaintiff; by Stipulation.
        2. By Order of Court.
      2. Involuntary Dismissal: Effect Thereof.
        1. On Court's Own Motion.
        2. On Motion of the Defendant.
        3. Effect.
      3. Dismissal of Counterclaim, Cross-Claim, or Third-Party Claim.
      4. Costs of Previously Dismissed Action.
      RULE 42. CONSOLIDATION--SEPARATE TRIALS
      1. Consolidation.
      2. Separate Trials.
      RULE 43. EVIDENCE
      1. Form and Admissibility.
      2. Scope of Examination and Cross-Examination.
      3. [Reserved].
      4. Affirmation in Lieu of Oath.
      5. Evidence on Motions.
      6. Examination of Witnesses.
      7. Copies of Documents.
      8. Order of Trial.
      RULE 44. PROOF OF OFFICIAL RECORD
      1. Authentication of Copy.
      2. Proof of Lack of Record.
      3. Other Proof.
      RULE 45. SUBPOENA
      1. For Attendance of Witnesses;
      2. For Production of Documentary Evidence.
      3. Service.
      4. Subpoena for Taking Depositions.
      5. Subpoena for a Hearing or Trial.
      6. Contempt.
      RULES 46 TO 53. [RESERVED]

  7. JUDGMENT

    1. RULE 54. JUDGMENT--COSTS
      1. Definitions.
      2. Judgment
      3. Demand for Judgment
      4. Allowance of Costs.
      5. Taxation of Costs.
      6. Costs on Depositions.
      RULE 55. DEFAULT
      1. Entry.
      2. Judgment.
      3. Setting Aside Default.
      4. Plaintiffs, Counterclaimants, Cross-Claimants.
      RULE 56. SUMMARY JUDGMENT
      1. For Claimant.
      2. For Defending Party.
      3. Motion and Proceedings Thereon.(d) Case Not Fully Adjudicated on Motion.
      4. Form of Affidavits; Further Testimony; Defense Required.
      5. When Affidavits Are Unavailable.
      6. Affidavits Made in Bad Faith.
      RULE 57. [RESERVED]
      RULE 58. ENTRY OF JUDGMENT
      1. After Trial or Hearing.
      2. By Agreement.
      3. Upon Order of Supreme Court. The clerk shall enter any judgment specifically directed by the Supreme
      Court. RULE 59. [RESERVED]
      RULE 60. RELIEF FROM JUDGMENT OR ORDER
      1. Clerical Mistakes.
      2. Mistake; Inadvertence;
      RULE 61. [RESERVED]
      RULE 62. STAY OF PROCEEDINGS TO ENFORCE A JUDGMENT
      1. Automatic Stay.
      2. Stay on Motion to Vacate Judgment.
      3. [Reserved].
      4. Stay Upon Appeal.
      5. Stay of Judgment as to Multiple Claims or Multiple Parties.
      6. Power of Judges Not Limited.
      RULE 63. [RESERVED]

  8. PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS

    1. RULE 64. REPLEVIN
      1. Issuance.
      2. Replevin on Counterclaim, Cross-Claim, or Third-Party Complaint.
      3. Subsequent Issuance.
      RULE 65. INJUNCTIONS IN HOUSING CASES
      1. Preliminary Injunction.
        1. Notice.
        2. Hearing;
      2. Temporary Restraining Order; Notice; Hearing; Duration.
      3. [Reserved].
      4. Form and Scope of Injunction or Restraining Order.
      5. Applicability.
      RULE 66. [RESERVED]
      RULE 67. DEPOSIT IN COURT--REGISTRY
      1. Deposit in Court.
      2. Registry of Court; Deposit and Withdrawal of Funds.
      RULE 68. OFFER OF JUDGMENT; PAYMENT INTO COURT
      1. Offer of Judgment.
      2. Payment Into Court.
      3. Offer Not Accepted.
      RULE 69. EXECUTION; SUPPLEMENTARY PROCEEDINGS; ATTACHMENT AND TRUSTEE PROCESS AFTER JUDGMENT, WAGE ATTACHMENT
      1. Execution.
      2. Citation in Supplementary Proceedings
        1. Definition.
        2. Issuance.
        3. Service.
        4. Hearing on Citation.
        5. Failure to Appear by Debtor.
      3. Decree for Installment Payments.
        1. Issuance.
        2. Modifications.
        3. Enforcement.
      4. Contempt.
      5. Trustee Process After Judgment (Non-wages).
      6. Motion for Attachment of Wages After Judgment.
      7. Order of Attachment of Wages.
      RULE 70. ORDER TO PERFORM OR TO REFRAIN FROM PERFORMING AN ACT--CONTEMPT
      RULE 71. [RESERVED]

  9. APPEALS

    1. RULE 72. [RESERVED]
      RULE 73. APPEAL TO THE SUPERIOR COURT
      RULES 74 TO 76. [RESERVED]


  10. DISTRICT COURT AND CLERKS

    1. RULE 77. DISTRICT COURT AND CLERKS
      1. District Court Always Open
      2. Trials and Hearings; Orders in Chambers.
      3. Clerk's Office and Orders by Clerk.
      4. Notice of Orders for Judgment.
      5. Transmittal of Papers.
      6. Agreements Between Counsel
      7. Written Order From Any Civil Calendar.
      RULE 78. [RESERVED]
      RULE 79. BOOKS AND RECORDS KEPT BY THE CLERK AND ENTRIES THEREIN

  11. SPECIAL RULES FOR CERTAIN ACTIONS

    1. RULE 80. REVIEW OF ADMINISTRATIVE ACTION
      1. Mode of Review.
      2. Time Limits--Notice.
      3. Trial or Hearing.


  12. GENERAL PROVISIONS

    1. RULE 81. APPLICABILITY OF RULES
      1. To What Proceedings Applicable.
      2. [Reserved].
      3. Scire Facias Abolished.
      4. [Reserved].
      5. Terminology and Statutes.
      RULE 82. JURISDICTION AND VENUE UNAFFECTED
      RULE 83. RULES OF PRACTICE AND ORDERS
      RULE 84. FORMS
      RULE 85. TITLE
      RULE 86. EFFECTIVE DATE