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R.I. Dist. Ct. R. Civ. P. 77

District Court and Clerks

activein force · 2024-02-01 – presentact-effective-date

(a) District Court Always Open. Subject to

law the District 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. All trials upon the merits shall

be conducted in open court insofar 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 division

with the clerk or a 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 of course by the clerk or deputy clerk; but his or her

action may be suspended or rescinded by the court upon cause shown.

(d) Notice of Orders or Judgments. Immediately upon the entry of any order or

judgment the clerk shall serve a notice of the entry in the manner provided for in

Rule 5 upon each party who is not in default for failure to appear, and shall make a

note in the docket. Such service is sufficient notice for all purposes for which notice

of the entry of an order is required by these rules; but any party may in addition serve

a notice of such entry in the manner provided in Rule 5 for the service of papers. No

notice need be served if an order or judgment is entered in open court in the presence

of the parties or their attorneys.

Nothing contained herein shall modify or affect the provisions of Rule 77(f) with

respect to notice.

(e) Transmittal of Papers. When a matter has been duly set down for hearing in

a division 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 division

in which the case is pending.

When the court orders a change of venue such order shall include a direction to

the clerk to that thereafter all papers shall be filed and all proceedings taken as if the

action had been entered in the division to which it is transferred.

(f) Agreements Between Counsel. All agreements of parties or attorneys

involving the business of the court shall be in writing, unless orally made or assented

to by them in the presence of the court. Otherwise, they will be considered of no

validity.

(g) Written Orders. Whenever a written order is required by the court, any

interested party may file in the clerk's office an order carrying the same into effect

with a Certificate of Service in accordance with Rule 1(b)(1)(B) that a copy has been

sent to all other parties. If only one (1) order is filed on a particular subject and no

objection thereto be filed within four (4) days thereafter, the clerk shall enter the

order. If more than one (1) order is filed or if objection be filed by within said four

(4) days, the order shall be entered only by the court.

Provenance

Source
courts.ri.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
e51f171c8c1efa582d0909393034248b3ad9d3c786b2e00483e0c2ab1b89c315
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