RI · rules
R.I. Traffic Trib. R. P. 21
Appeals
(a) Appeals Panel. Any party aggrieved by a judgment of a
municipal court or the traffic tribunal following the adjudication of a civil violation
of the motor vehicle code or other applicable statute may appeal the judgment to the
appeals panel of the traffic tribunal. An appeal may be claimed by following the
procedures established by the chief magistrate, including filing a written Notice of
Appeal on a form prescribed by the chief magistrate and by submitting the appeal
filing fee established by statute together with any applicable technology surcharges.
The most current version of the Notice of Appeal - Appeals Panel is located on the
Judiciary's website at www.courts.ri.gov under the heading of Public Resources,
Forms. The filing fee is waived when an appeal is taken by the state, the
municipality, or other prosecuting authority. The Notice of Appeal shall contain a
concise statement of the grounds therefor. A Notice of Appeal shall be filed within
ten (10) days of the imposition of the judgment appealed from.
(b) Appeal to the Sixth Division of the District Court. Any party aggrieved by
a final written judgment or order of the appeals panel may appeal therefrom to the
sixth division of the district court. In accordance with G.L. 1956 § 31-41.1-9, an
appeal may be claimed by filing a written Notice of Appeal on a form prescribed by
the chief magistrate and by submitting to the traffic tribunal the appeal filing fee
established by statute together with any applicable technology surcharges. The most
current version of the Notice of Appeal - District Court is located on the Judiciary's
website at www.courts.ri.gov under the heading of Public Resources, Forms. The
filing fee is waived when an appeal is taken by the state, the municipality, or other
prosecuting authority. The Notice of Appeal shall contain a concise statement of the
grounds therefor. A Notice of Appeal shall be filed within ten (10) days of the entry
of sentence or the final written judgment or order appealed from.
(c) In Forma Pauperis. The court may, upon motion, allow the defendant to
proceed in forma pauperis. For specific requirements, see the Traffic Tribunal's
Electronic Filing System Guidelines.
(d) Record on Appeal. Except as otherwise provided in subsection (e), the
original papers and exhibits filed in the court during trial and the transcript of
proceedings, if any, shall constitute the record on appeal of all sentences or
judgments imposed in the adjudication of civil violations of the motor vehicle code
and other applicable statutes.
The appellant shall be responsible for obtaining a written transcript of the
hearing(s) that formed the basis for the judgment being appealed. Policies and
procedures regarding the ordering, payment, and delivery of transcripts shall be
promulgated by the Administrative Office of State Courts. The most current version
of a Request for Recording form is located on the Judiciary's website at
www.courts.ri.gov under the heading of Public Resources, Forms.
(e) Record on Transmission. The record on appeal, including the transcript
necessary for the determination of the appeal, shall be transmitted to the Traffic
Tribunal within forty-five (45) days after the filing of the notice of appeal unless the
time is extended by an order entered under subdivision (f) of this rule.
(f) Extension of Time for Transmission of the Record. The Traffic Tribunal
may extend the time for transmitting the record. The request for extension must be
made within the time originally prescribed or within an extension previously
granted, and the Traffic Tribunal shall not extend the time to a day more than sixty
(60) days from the date of filing of the first notice of appeal.
(g) Orders for Dismissal. From the time of the filing of notice of appeal, the
Traffic Tribunal shall have jurisdiction to supervise the course of said appeal and to
promulgate orders of dismissal of appeal for failure to comply with these rules, either
upon motion of a party or upon the court's own motion.
(h) Statement of Proceedings When no Recording or Recording Unable to be
Transcribed. If no recording of the proceedings at a hearing or trial was made, or if
the recording or portions thereof are unable to be transcribed, the parties, may by
agreement, prepare a statement of the proceedings from the best possible means,
including by personal recollection of the hearing or trial. In no event shall an appeal
be heard by the appeals panel without the presentation of a transcript of the testimony
of the hearing or trial by the appellant or by the submission of a stipulated statement
of proceedings as required by this section. If the parties are unable to agree by
stipulation as to a statement of the proceedings, the matter shall be remanded to
conduct a new proceeding.
Provenance
- Source
- courts.ri.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
dd4c010b5c6ceac444495dc25484d0b272c0c6b19840140a6f2a2b9c8c85b08f
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