More Categories

Rule 5 – Service and Filing of Pleadings and Other Papers.

May 14, 2021 | Domestic Relations, Family Law, Rhode Island

(a) Service: When Required. 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 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.
(b) Making Service.

(1) Whenever under these rules 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.
(2) For attorneys and self-represented litigants who are Registered Users, service is made electronically using the EFS.
(3) For incarcerated individuals, attorneys who are granted a waiver pursuant to Art. 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 Art. X, Rule 3(b), service under Rule 5(a) 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
(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 upon mailing.
(C) Any other means ordered by the court.
(c) Service: Numerous Defendants. In any action in which there are unusually large numbers of defendants, the court, upon motion or of its own initiative, may order that service of the pleadings of the defendants and replies thereto need not be made as between the defendants and that any cross-claim, counterclaim, or matter constituting an affirmative defense contained therein shall be deemed to be denied or avoided by all other parties and that the filing of any such pleading and service thereof upon the plaintiff constitutes due notice of it to the parties. A copy of every such order shall be served upon the parties in such manner and form as the court directs.
(d) Filing; Certificate of Service. All papers after the complaint required to be served upon a party, together with a Certificate of Service in accordance with Rule 1(b)(1)(B) shall be filed with the court within a reasonable time after service, but the following discovery requests and responses shall not be filed with the court until they are used in the proceeding or the court orders their filing:

(1) Interrogatories;
(2) Requests for documents or to permit entry upon land;
(3) Requests for admission;
(4) Answers and responses to items (1) through (3) above;
(5) Notices of deposition; and
(6) Transcripts of depositions.

The court, on motion generally or in a specific case, or on its own initiative, may order the filing of such discovery materials. Notwithstanding anything in this Rule 5(d), any party pressing or opposing any motion for relief under Rule 37 shall file copies of the relevant portions of discovery materials with the court as exhibits to any such motion or opposition. If any moving party under Rule 56 or any opponent relies on discovery documents, copies of the pertinent parts thereof shall be filed with the motion or opposition.

(e) Filing With the Court Defined. The filing of pleadings and other papers with the court as required by these rules shall be made by filing them with the clerk of the court, except that the judicial officer may permit the papers to be filed with the judicial officer, in which event the judicial officer shall note the filing date and forthwith transmit them to the office of the clerk.
(f) Effect of Failure to File. 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.

R.I. Fam. Ct. R. Dom. Rel. P. 5