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Rule 77 – Superior Court and Clerks.

May 14, 2021 | Civil Procedure, Rhode Island

(a) Superior Court Always Open. Subject to law the Superior Court shall be deemed always open for the purpose of filing any pleading or other proper paper, of issuing and returning process, and of making and directing all interlocutory motions, orders, and rules.
(b) Trials and Hearings; Orders in Chambers. All trials upon the merits shall be conducted in open court and so far as practicable in a regular court room. All other acts or proceedings may be done or conducted by a judicial officer in chambers, without the attendance of the clerk or other court officials.
(c) Clerk’s Office and Orders by Clerk. The clerk’s office for each county with a clerk or deputy clerk in attendance shall be open during business hours on all days except Saturdays, Sundays, and legal holidays. All motions and applications in the clerk’s office for issuing process after the commencement of a lawsuit, for issuing final process to enforce and execute judgments, for entering defaults or judgments by default, and for other proceedings which do not require allowance or order of the court are grantable of course by the clerk; but the clerk’s action may be suspended or rescinded by the court upon cause shown.
(d) Notice of Orders or Judgments. 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 counsel.

Nothing contained herein shall modify or affect the provisions of Rule 77(f) with respect to notice.

(e) Transmittal of Papers. When a matter has been duly set down for hearing in a county other than that in which the action is pending. Pleadings, motions, and papers to be filed in such case shall be filed in the office of the clerk for the county in which the case is pending.

When the court orders a change of venue such order shall include a direction to the clerk that thereafter all papers shall be filed and all proceedings taken as if the action had been entered in the county to which it is transferred.

(f) Written Orders. 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. 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.

R.I. Super. Ct. R. Civ. P. 77

Last amended effective January 29, 2016.