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Rule 40 – Assignment of Cases for Trial – Continuances.

May 14, 2021 | Civil Procedure, Rhode Island

(a) Assignment of Cases for Trial. Cases may be assigned for trial or other disposition to the appropriate calendar:

(1) By order of the court including rules of practice and general orders adopted for the purpose of assignment; or
(2) by motion upon notice to the adverse parties.

Precedence shall be given to actions entitled thereto by statute. However, no motion to assign a case for trial shall be made within forty (40) days of service of summons, complaint, and Language Assistance Notice on all necessary parties.

(b) Continuances. Continuances shall be granted only upon motion and for good cause shown and upon such terms and conditions as the court shall determine.
(c) Affidavit or Certificate in Support of Motion. The court need not entertain any motion for a continuance based on the absence of a material witness unless such motion be supported by an affidavit which shall state the name of the witness and, if known, the witness’ address, the facts to which the witness is expected to testify and the basis for such expectation, the efforts which have been made to procure the witness’ attendance or deposition, and the expectation which the party has of procuring the witness’ testimony or deposition at a future time. Such motion may, in the discretion of the court, be denied if the adverse party will admit that the absent witness would, if present, testify as stated in the affidavit. A motion for a continuance on the ground of sickness of a party or witness shall be accompanied by a certificate of a practicing physician stating the fact of said sickness, and the kind, degree, and the time of beginning thereof. Such motion may be denied if the moving party shall not have notified the adverse party as soon as practicable of the illness and forthcoming motion for a continuance.

R.I. Super. Ct. R. Civ. P. 40