R.I. Fam. Ct. R. Crim. P. 49

(a) Service: When Required. Written

motions, other than those which are heard ex parte, written notices, designations of

record on appeal, and similar papers shall be served upon each of the parties.

(b) Service: How Made.

(1) Whenever under these rules or by an order of the court service is required or

permitted to be made upon a party represented by an attorney, the service shall be

made upon the attorney unless the court orders service on the party.

(2) For attorneys and self-represented litigants who are Registered Users, service

is made electronically using the EFS.

(3) For incarcerated individuals, attorneys who are granted a waiver pursuant to

Art. X, Rule 3(c) of the Rhode Island Supreme Court Rules Governing Electronic

Filing, and self-represented litigants who do not elect to electronically file pursuant

to Art. X, Rule 3(b), service is made by:

(A) Delivering a copy to the person served by:

(i) Handing it to the person;

(ii) Leaving it at the person's office with a clerk or other person in charge; or

(iii) Leaving it at the person's dwelling house or usual place of abode;

(B) Mailing a copy to the last known address of the person served. Service by

mail is complete on mailing; or

(C) Any other means ordered by the court.

(c) Docketing of Orders. Immediately upon the entry of an order made on a

written motion subsequent to arraignment, the clerk shall make a docket entry in the

case. Lack of such entry by the clerk does not affect the time to appeal or relieve or

authorize the court to relieve a party for failure to appeal within the time allowed,

except as permitted by Rule 4 of the Rules of Appellate Procedure of the Supreme

Court of Rhode Island.

(d) Filing: No Proof of Service Required. All papers required to be served shall

be filed with the court either before service or within a reasonable time thereafter.

Such filing by a party or party's attorney shall constitute a representation by the party

that a copy of the paper has been or will be served upon each of the other parties as

required by subdivision (a) of this rule. No further proof of service is required unless

an adverse party raises a question of notice. In such instance the affidavit of the

person making service shall be prima facie evidence.

Discovery requests and responses shall not be filed with the court until they are

used in the proceeding or the court orders their filing. The court, on motion generally

or in a specific case, or on its own initiative, may order the filing of such discovery

materials. Notwithstanding anything in this subsection, any party pressing or

opposing any motion for relief under Rules 16(f) or (i) shall file copies of the relevant

portions of discovery materials with the court as exhibits to any such motion or

opposition.

(e) Filing With the Court Defined. The filing of pleadings and other papers with

the court as required by these rules shall be made by filing them with the clerk of the

court, except that the judicial officer may permit the pleadings to be filed with the

judicial officer, in which event the judicial officer shall note the filing date and

forthwith transmit them to the office of the clerk.

(f) Effect of Failure to File. If any party to an action fails to file within five (5)

days after the service any of the pleadings required by this rule to be filed, the court,

on motion of any party or of its own initiative, may order the pleadings to be filed

forthwith, and if the order be not obeyed, the court may order them to be regarded

as stricken and their service to be of no effect.