R.I. Sup. Ct. R. Art. I, R. 12A

(1) Statement of the Case. Within twenty (20) days after the docketing of the

record of an appeal with the Clerk of the Supreme Court or the receipt by the Clerk

of the Supreme Court of the record in a case in which a petition for writ of certiorari

has been granted, the appellant, petitioner, or other moving party shall file a

statement of the case and a summary of the issues proposed to be argued in

accordance with Rule 18. The statement shall include a copy of the judgment, order,

or other ruling which is the subject of the appeal or certiorari petition and the bench

decision or written decision of the trial justice or other tribunal deciding the matter.

The statement shall be concise, not exceeding 3,000 words (unless special

permission is granted by the Court or a justice thereof for additional words or pages).

Handwritten statements or statements produced on a typewriter, when allowed, shall

not exceed ten (10) pages. No reply to the counter-statement shall be permitted

without the prior approval of the Supreme Court or a justice thereof upon motion in

accordance with Rule 28.

The Clerk shall reject any statement which fails to include copies of the required

rulings and decision in accordance with the rejection process set forth in Rule 18(f).

The party may take out any nonelectronic transcripts and exhibits from the Clerk's

Office in accordance with Rule 29 for reference in the preparation of the statement

but shall return them when the statement is filed.

(2) Counter-statement. Within fifteen (15) days after the filing of the above

statement, the responding party shall file a counter-statement in accordance with

Rule 18 not to exceed 3,000 words (unless special permission is granted by the Court

or a justice thereof for additional words or pages). Handwritten statements or

statements produced on a typewriter, when allowed, shall not exceed ten (10) pages.

No reply to the counter-statement shall be permitted without the prior approval of

the Supreme Court or a justice thereof upon motion in accordance with Rule 28.

Nonelectronic transcripts and exhibits may be taken out for reference in preparing

this counter-statement in accordance with Rule 29 but shall be returned upon its

filing.

(3) Single Justice Conferences and Orders. Following the filing of such

statements, the Supreme Court may require appearance by the attorneys for the

parties before a single justice of the Supreme Court for a conference. The objective

of said conference will be to achieve settlement of the dispute in civil cases, to

determine the issues on appeal/certiorari, to determine the manner in which the

appeal, cross-appeal, certiorari petition, or petition for review shall proceed, and to

consider whether proceedings over aspects of the case not involved in the appeal,

cross-appeal, certiorari petition, or petition for review are contemplated or pending

below while the matter is pending in the Supreme Court. In civil matters, attorneys

for each party shall confer in advance of the conference with the attorney’s client

and obtain authority to settle the matter, if possible. In the event that the single justice

of the Supreme Court determines it appropriate, the justice may:

(a) Issue an order in accordance with subsections (4) and (7) of this rule to either

or both parties to show cause why the issues raised by the appeal or petition for

certiorari should not be decided on the show cause calendar;

(b) Refer the appeal or certiorari petition to the Supreme Court at a session in

conference for a determination of the manner in which the appeal or certiorari

petition shall proceed or for a disposition of the issues on appeal or certiorari with

or without further filing of memoranda and with or without oral argument;

(c) Order that the case be placed on the regular calendar for full briefing and oral

argument; or

(d) The single justice may also order that specific appeals or certiorari petitions

be consolidated or that the case be remanded for specific proceedings or the entry of

necessary orders in the trial court or other tribunal.

(4) Show Cause Supplemental Statements. In cases in which show cause orders

are issued, the attorney for either party may submit a supplemental statement not

exceeding 3,000 words unless otherwise ordered. The appellant, petitioner, or other

moving party may submit this statement within twenty (20) days of the issuance of

the show cause order; the responding party may file a counter-statement within ten

(10) days thereafter, or within ten (10) days from when the appellant, petitioner, or

other moving party’s supplemental statement was due should the appellant,

petitioner, or other moving party not submit a supplemental statement. Handwritten

statements or statements produced on a typewriter, when allowed, shall not exceed

ten (10) pages. The single justice may vary the time of filing as well as the length of

memorandum by special order. No party may submit a further supplemental

statement or post-argument memorandum, or other communication of any kind,

without the prior approval or direction of the Supreme Court or a justice thereof upon

motion in accordance with Rule 28.

(5) Appendices. All documents from the record required to be filed by the

appellant, petitioner, or other moving party in accordance with subsection (1) of

this rule or to which a party seeks to direct the particular attention of the Court shall

be filed as a separate bound appendix to that party’s Rule 12A statement filed

pursuant to subsection (1) or (2) of this rule or show cause supplemental statement

filed pursuant to subsection (4) of this rule.

The appendix shall have a table of contents, pages separately numbered, and

appropriate demarcation separating discrete sections. When portions of a transcript

are included in the appendix, parties shall ensure that the cover sheet of the

transcript volume and the index of witness names are included, together with

sufficient pages assembled in sequence to enable the Supreme Court to read the

cited passages in context. The appendix must be bound in any manner that is secure,

does not obscure text, and permits the appendix to lie reasonably flat when open

and not fall apart.

(6) Form and Manner. All papers filed pursuant to this Rule shall be submitted

in the form and manner set forth in Rule 18.

(7) Show Cause Arguments, Orders, and Decisions. The show cause argument

shall be conducted before a hearing panel of the Supreme Court consisting of at least

three (3) justices, except for appeals in criminal cases which shall be heard by the

full Court or by as many members of the Court as are available. The Supreme Court

or hearing panel may issue an order or opinion dismissing the appeal or certiorari

petition, reversing or modifying the judgment, or remanding the case to the

appropriate trial court or other tribunal for further proceedings. The Supreme Court

or panel may if it sees fit determine that the case should be placed on the regular

calendar for full briefing and argument.

(8) Cases Referred to the Full Court. Cases referred to the Supreme Court for a

determination of the manner in which the appeal or certiorari petition shall proceed

or for disposition with or without briefing or oral argument may be:

(a) Ordered to be placed on the regular calendar for full briefing and argument;

(b) Decided by the Court on the merits of the controversy without further

briefing or oral argument; or

(c) Ordered to be placed on the motion calendar with such further filing of

supplemental memoranda as the Court may require for oral argument before a

hearing panel of the Court consisting of at least three (3) justices, except for appeals

in criminal cases and proceedings pursuant to Rule 6 which shall be heard by the full

Court or as many members of the Court as are available.

(9) The cover of any filings made pursuant to this rule shall be white.