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Rule 7 – Pleadings Allowed-form of Motions.

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

(a) Pleadings.

(1) In Actions Other Than Adoption. There shall be a complaint and an answer; a reply to a counterclaim noted as such; an answer to a cross-claim, if the answer contains a cross-claim. No other pleading shall be allowed.
(2) Adoption. In an action to adopt a child there shall be a petition and an answer by any person who wishes to object. No other pleading shall be allowed.
(b) Motions and Other Papers.

(1) An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.
(2) The rules applicable to captions, signing, and other matters of form of pleadings apply to all motions and other papers provided for by these rules.
(3) The following motions and notice of hearing of such a motion shall be served and filed not later than six (6) days before the time specified for the hearing. Such motion shall be deemed granted as a matter of course and shall not be placed on the motion calendar unless objection stating the particular ground therefor is served and filed at least three (3) days before the time specified for its hearing:

(A) A motion to consolidate cases for trial;
(B) A motion to enlarge the time for permitting an act to be done under Rule 6(b)(2) after the expiration of the specified period;
(C) A motion to amend pleadings under Rule 15;
(D) A motion for an order for physical or mental examination under Rule 35;
(E) A motion to compel answers to interrogatories under Rule 37(a);
(F) A motion to compel more responsive answers to interrogatories under Rule 37(a); and
(G) A motion to compel production and inspection or to permit entry and inspection under Rule 34(b).

A motion to compel answers to interrogatories and a motion to compel more responsive answers to interrogatories shall specify the number of days for compliance.

The provisions of Rule 6(d) shall not apply to this subdivision.

(c) Electronic Filing of Pleadings, Motions, and Other Papers. When using the EFS, all pleadings, motions, and other papers shall be filed in accordance with Rule 1(b)(3).

R.I. Fam. Ct. R. Dom. Rel. P. 7