RI · rules
R.I. Dist. Ct. R. Crim. P. 45
Time
(a) Computation. In computing any period of time prescribed or
allowed by these rules, by order of court or by any applicable statute, the day of the
act, event, or default after which the designated period of time begins to run is not
to be included. The last day of the period is to be included, unless it is a Sunday or
a legal holiday, in which event the period runs until the end of the next day which is
neither a Sunday nor a holiday.
(b) Enlargement. When by these rules or by a notice given thereunder or by order
of court an act is required or allowed to be done at or within a specified time, the
court for cause shown may at any time in its discretion (1) with or without motion
or notice, order the period enlarged if request therefor is made before the expiration
of the period originally prescribed or as extended by a previous order, or (2) upon
motion made after the expiration of the specified period permit the act to be done
where the failure to act was the result of excusable neglect; but it may not extend the
time for taking any action under Rules 34, 35 and 37 except to the extent and under
the conditions stated in them.
(c) For Motions — Affidavits. A written motion, other than one which may be
heard ex parte, and notice of the hearing thereof shall be served not later than 5 days
before the time specified for the hearing, unless a different period is fixed by these
rules or by order of the court. Such an order may for cause shown be made on ex
parte application. When a motion is supported by affidavit, the affidavit shall be
served with the motion, and opposing affidavits may be served not later than 1 day
before the hearing, unless the court permits them to be served at some other time.
(d) Additional Time After Service by Mail. Whenever a party has the right or is
required to do some act or take some proceedings within a prescribed period after
the service of a notice or other paper upon him or her and the notice or paper is
served upon him or her by mail, 1 day shall be added to the prescribed period.
Provenance
- Source
- courts.ri.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
cc989c553fb24ae13d8db7213c61645c025d3b9334512d21ef0265c25047182e
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