More Categories

Rule 81 – Applicability of Rules.

May 14, 2021 | Civil Procedure, Rhode Island

(a) To What Proceedings Applicable.

(1) These rules do not apply during the process and pleading stages to the following proceedings:

(A) Probate appeals;
(B) Proceedings in condemnation;
(C) Petitions for enforcement of mechanics’ liens; and
(D) Statutory petitions for receiverships and for dissolution of corporations.
(2) These rules do not apply to the following proceedings:

(A) Assignments for benefit of creditors;
(B) Petitions for foreclosure of redemption of interests in land sold for nonpayment of taxes;
(C) Naturalization proceedings; and
(D) Prerogative writs except where governed by this rule or Rule 80.
(3) These rules do not apply to petitions for the writ of habeas corpus.
(b) District Court Appeals–Repleading, Discovery, Claim of Trial by Jury. Repleading is not required of either party in a civil action certified on appeal from a District Court unless the court so orders. Within ten (10) days after the action has been certified on appeal the plaintiff may serve an amended complaint to which the defendant shall respond under these rules. If there has been no repleading by the plaintiff within ten (10) days after certification on appeal, the defendant within an additional ten (10) days may present any additional defenses or counterclaims by motion or answer as provided in these rules. Thereafter amendments shall be permitted in accordance with these rules. In the absence of repleading all claims and defenses available to the parties in the District Court shall remain available on appeal. A party demanding a jury trial shall serve a demand therefor not later than ten (10) days after certification on appeal unless such demand was made in the District Court; a docket notation that the action is a jury case does not suffice.

The provisions of Rules 26 through 37, relative to discovery, shall not be applicable to actions certified on appeal from the District Court except upon order issued on notice and a showing that lack of discovery will result in an injustice or undue hardship. Material obtained by the use of discovery processes in the District Court may be used at the trial of such appeals to the same extent as if such discovery had taken place in this court pursuant to these rules.

(C) Writ of Mandamus. Actions to obtain relief by writ of mandamus shall be according to these rules.
(D) Terminology in Statutes. In applying these rules to any proceedings to which they are applicable, the terminology of any statute which is also applicable, where inconsistent with that in these rules, shall be taken to mean the device or procedure proper under these rules.

R.I. Super. Ct. R. Civ. P. 81