(a) Service. A party seeking temporary support, custody, or attorney’s fees and costs or modification of such orders shall make service of the notice of motion and accompanying papers in the manner prescribed in subdivision (d) or (e) of Rule 4 upon the party against whom relief is sought, except that if such party is represented by an attorney in the action, service shall be made on the attorney in the manner prescribed in Rule 5(b). (b) Statement of Needs. Motions for temporary support or attorney’s fees and costs, or miscellaneous petitions without the commencement of divorce proceedings shall be accompanied by a supporting affidavit containing a statement of the applicant’s current assets, liabilities, income, and expenses. A party who opposes the motion shall file an affidavit containing a statement of his or her current assets, liabilities, income, and expenses. The most current version of the supporting affidavit is located on the Judiciary’s website at www.courts.ri.gov under the heading of Public Resources, Forms. The failure to file a supporting affidavit as set forth herein shall not be grounds for a dismissal in the first instance.(c) Time of Hearing; Expedited Hearing. The motion shall be served at least twenty (20) days before the time fixed for the hearing unless, on application of the movant with or without notice, the court for good cause shown orders the motion to be heard sooner. (d) Consolidation of Hearing With Trial on Merits. Before or after the commencement of the hearing of a motion under this rule, the court may order the trial of the action on the merits to be advanced and consolidated with the hearing of the motion.
