RI · rules
R.I. Traffic Trib. R. P. 3
The Summons
(a) Content. The summons shall consist of a listing of
the civil violations alleged by the issuing officer and a requirement that the defendant
appear in court on the date and time and at the place indicated thereon. For the
purposes of these rules, the terms “ticket,” “citation,” “eCitation,” and “summons”
are synonymous and may be used interchangeably. The content and form of the
summons and eCitation shall be prescribed by the chief magistrate of the traffic
tribunal, subject to the approval of the Rhode Island Supreme Court.
(b) Signature and Service. The summons shall be signed by the issuing officer
alleging that the facts contained therein are true, and served upon the defendant in
person or by mailing the summons to the defendant as set forth in Rule 33, which
shall be sufficient proof of actual notice in adjudications of civil violations of the
motor vehicle code or other applicable statute to justify the entry of a default
judgment in all cases where the defendant fails to appear in court on the date and
time and at the place indicated thereon.
(c) Mandatory Hearing and Administrative Payments. The issuing officer
shall note on the summons whether the violation requires a hearing or is one which
may be eligible to be paid administratively pursuant to law. If eligible for
administrative payment, the officer shall also note on the summons the full amount
of the fine[s] required to be paid.
(d) Notice of Violation. A summons which provides the defendant and the court
with adequate notice of the violation being charged shall be sufficient if the violation
is charged by using the name given to the violation by statute. The summons shall
state for each count the official or customary citation of any statute that the defendant
is alleged to have violated. An error or omission in the summons shall not be grounds
for a reduction in the fine owed, for dismissal of the charged violation(s), or for
reversal of a conviction if the error or omission did not mislead the defendant to his
or her prejudice.
(e) Amendment of the Summons. A summons may be amended by leave of
court, by written consent of the adverse party, or at hearing; and leave shall be freely
given when justice so requires.
Provenance
- Source
- courts.ri.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
0279ba6de59cb4e42c5995bff6dc02afb63d26cdf5099fbbb371d82a31122559
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