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RI · rules

R.I. Fam. Ct. R. Prac. 1.5

Appearances, Withdrawal, and Excuse of Attorneys

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

(a)

Appearances. The attorney for a defendant or a self-represented litigant in any case

shall forthwith file an entry of appearance (which shall not be deemed to be an

answer) with the clerk of the Family Court for the county wherein the action is

pending and shall send a copy of the entry of appearance to the opposing attorney or

self-represented litigant.

An entry of appearance shall contain the name, address, email address, bar

number, and telephone number of the attorney or, if a self-represented litigant,

contain the name, address, email address (if electing to utilize the electronic filing

system), and telephone number of the self-represented litigant except where

prohibited by federal or state law. The most current version of an entry of appearance

is located on the Judiciary's website at www.courts.ri.gov under the heading of

Public Resources, Forms.

(b) Designation of Trial Counsel. Upon entry of appearance, law firms must

designate the name of trial counsel.

(c) Withdrawal of Attorney. No attorney appearing in any case will be allowed

to withdraw without the consent of the court. Except where another attorney enters

an appearance at the time of such withdrawal, all withdrawals shall be upon motion

with reasonable notice to the party represented. No such motion shall be granted

unless the attorney who seeks to withdraw shall file with the clerk the last known

address of the attorney's client, or the client files his or her address, and in either

situation the address which is filed shall be the official address to which notices may

be sent.

A motion for withdrawal shall be accompanied by an affidavit setting forth facts

showing the military status of the client or by a written statement of the client

consenting to such withdrawal. No motion to withdraw an appearance will be

granted if it appears that the client is in the military service of the United States, as

defined in the Servicemembers Civil Relief Act (50 U.S.C.A. App. Section 501, et

seq.), unless the client consents thereto in writing or another attorney appears of

record at the time of such withdrawal.

In a case where a responsive pleading has been filed and the court allows an

attorney to withdraw and no successor attorney has entered an appearance, the case

shall proceed as an answered case and the parties no longer represented by an

attorney shall be deemed self-represented.

(d) Excuse From Court Attendance.

(1) Except in an emergency, all motions by an attorney seeking to be excused

from court attendance shall be filed with the chief judge within three (3) weeks of

the first date for which the moving party is seeking to be excused. The motion shall

include the following:

(A) The specific dates during which the moving attorney is seeking to be excused;

(B) A statement by the moving attorney that, at the time of the filing of the

motion, there are no matters for which the moving attorney is the attorney of record

that have been assigned for trial or hearing during the requested excusal period; and

(C) A certification by the moving attorney that a copy of the Motion to be

Excused from Court Attendance was served in accordance with R.Dom.Rel.P. 5 on

the opposing counsel or a self-represented litigant in each active matter for which

the moving attorney is attorney of record in the Family Court.

(2) No matter for which the moving attorney is the attorney of record may be

assigned for hearing or trial during the requested excusal period.

(3) The most current version of a Motion to be Excused from Court Attendance

is located on the Judiciary's website at www.courts.ri.gov under the heading of

Public Resources, Forms.

(4) If no objection is filed with the chief judge by any opposing counsel or a self-represented litigant within five (5) days of the certification, then the moving party is

not required to forward copies of a signed order to any party.

(e) Illness or Absence of Attorney. In case of sudden illness of an attorney, or

the attorney's absence from court from some other imperative and unforeseen cause,

the court shall take such action, without notice, as shall appear reasonable in the

circumstances.

Provenance

Source
courts.ri.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
f56d26045f401b6b43de331a8103a784f164698af634d7d88598884aac3f7143
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