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Rule 77 – Family Court and Clerks.

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

(a) Family Court Always Open. Subject to law the Family 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. Unless otherwise provided by statute, all trials and hearings upon the merits shall be conducted in open court and so far as practicable in a regular courtroom. 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allowance or order of the court are grantable as of course by the clerk; but the clerk’s action may be suspended or rescinded by the court upon cause shown.
(d) Notice of Judgments. In accordance with Rule 58(a)(3) and applicable statutory provisions, any prevailing party may file with the court a proposed judgment with a Certificate of Service in accordance with Rule 1(b)(1)(B) that the proposed judgment has been sent all other parties. If only one (1) proposed judgment is filed and no objection is filed within seven (7) days, the clerk shall enter the judgment upon approval of the court. If more than one (1) proposed judgment is filed or if an objection is filed within said seven (7) days, the proposed judgment shall be entered only by the court. If an objection is filed, the objection shall contain a notice of the hearing with a Certificate of Service in accordance with Rule 1(b)(1)(B) that a copy has been sent to all other parties. In the event two (2) or more proposed judgments concerning the same motion are filed within seven (7) days, any prevailing party may file a motion to enter a judgment, with notice of the hearing to all other parties.
(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 Order. Whenever the court directs preparation of a written order, any interested party may file with the court a proposed order with a Certificate of Service in accordance with Rule 1(b)(1)(B) that the proposed order has been sent to all the other parties. If only one (1) proposed order is filed and no objection is filed within seven (7) days, the order shall enter upon approval of the court. If more than one (1) proposed order is filed or if an objection be is filed within said seven (7) days, the order shall be entered only by the court. If an objection is filed, the objection shall contain a request for a hearing with a Certificate of Service in accordance with Rule 1(b)(1)(B) that a copy has been sent to all other parties. In the event two (2) or more proposed orders concerning the same motion are filed within seven (7) days, any interested party may file a motion to enter an order, with notice of the hearing to all other parties.

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

R.I. Fam. Ct. R. Dom. Rel. P. 77

Last amended effective January 29, 2016.