RI · rules
R.I. Sup. Ct. R. Art. I, R. 13
Extraordinary Writs
(a) Petition for Issuance of Writ. Other than for habeas corpus and except where
otherwise provided for by statute a proceeding seeking the issuance of an
extraordinary writ shall be by petition. The petition shall include:
(1) A concise statement of the case containing the facts material to consideration
of the questions presented in sufficient detail as to enable the Supreme Court to
determine the desirability of issuance of the writ;
(2) A statement setting forth with particularity why the relief sought is not
available in any other court, or cannot be had through other appellate processes,
including whether a notice of appeal has been filed with the Supreme Court and why
that is not sufficient; and
(3) A copy of any order or opinion which the petitioner seeks to have reviewed
and any other parts of the record which may be essential to an understanding of the
matters set forth in the petition.
A memorandum shall accompany the petition stating the grounds relied upon by
the petitioner, together with citations of the authorities in support thereof. The
petitioner shall serve upon all other parties a copy of said petition and memorandum.
The petitioner shall file the petition and memorandum in the office of the Clerk of
the Supreme Court and shall pay to the clerk a filing fee of one hundred fifty dollars
($150) per petitioner.
Any document filed pursuant to subsection (a), may be attached to the petition or
memorandum or may be filed as a separate appendix. All such documents shall have
a table of contents, pages separately numbered, and appropriate demarcation
separating discrete sections. When portions of the transcript are included in the
appendix, parties shall ensure that the cover sheet of the transcript volume and the
index of the witness names are included, together with sufficient pages assembled
in sequence to enable the Supreme Court to read the cited passages in context.
(b) Memorandum in Opposition. Within (20) days after service of a petition for
issuance of an extraordinary writ, together with the supporting memorandum, or
within such other time as the Supreme Court or a justice thereof shall order, any
adverse party may file a memorandum in opposition, disclosing any matter or ground
why the writ should not issue, and shall serve a copy thereof upon the petitioner and
all other parties. No motion by a respondent to dismiss, quash, supersede, or such
other motion on application for an extraordinary writ will be received. Objections to
the jurisdiction of the Supreme Court to grant the writ petitioned for may be included
in the memorandum in opposition.
(c) Reply Memorandum. The petitioner may file a reply memorandum within ten
(10) days after service of the memorandum in opposition. No party may file any
further memorandum or brief without the prior approval or direction of the Supreme
Court.
(d) Form and Manner. All papers filed pursuant to this Rule shall be submitted
in the form and manner set forth in Rule 18. The cover of any filings made pursuant
to this rule shall be white.
(e) Order Granting or Denying Petition. Upon the granting or denying of a
petition, an appropriate order will be entered and the Clerk of the Supreme Court
shall give notice thereof to all parties. If the petition is granted, appropriate process
shall issue and the Clerk of the Supreme Court shall transmit the writ of certiorari to
the clerk of the trial court. The case shall thereafter proceed in accordance with these
rules. It shall be incumbent upon the petitioner to comply with the requirements of
these rules for the preparation and timely transmission of the record on appeal in
accordance with the writ. In the case of certiorari petitions, the parties shall comply
with Rule 12A. If the writ in question calls for review of the record of a court or
other tribunal, allegations of fact contained in the petition which are not contained
in the record under review shall not be considered to be established. A denial of a
petition, without more, is not an adjudication on the merits and has no precedential
effect, and such action is to be taken as being without prejudice to a further
application to the Supreme Court or any court for the relief sought.
(f) Stay Pendente Lite. A petitioner may apply to any justice of the Supreme Court
for a stay of other proceedings pending a determination by the Court on the issuance
of the writ.
(g) Effectiveness of Other Provisions. Except as herein specifically amended,
modified, changed, or supplemented, all rules and statutory provisions in respect to
the extraordinary writ shall remain in full force and effect.
Provenance
- Source
- courts.ri.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
e21133f7630c5eaffaf4891750a93cb1fe21305a66bcb0ee9d9bc91209febcea
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