R.I. Super. Ct. Arb. R. 3

(a) Hearing Scheduled by Arbitrator.

Arbitration hearings shall be scheduled by the assigned arbitrator on a date, time,

and place agreed to by the parties or, if they do not agree, selected by the arbitrator;

but in no event shall the process extend beyond 240 days of appointment/designation

exclusive of the arbitrator's time to render an award.

(b) Pre-hearing Exchange of Information. At least ten (10) days before the date

set for the hearing, the parties shall exchange and furnish to the arbitrator:

(1) Lists of witnesses they expect to testify;

(2) Copies of documents or exhibits they expect to offer in evidence; and

(3) A brief statement of the issues and their contentions. Parties may rely on

stipulations and/or statements, sworn or unsworn, rather than a formal presentation

of witnesses and documents, for all or part of the hearing.

The information referred to in paragraph (b) shall not be filed with the court.

(c) Exchanged Documents Considered Authenticated. Any document

exchanged may be received in the hearing as evidence without further

authentication; however, the party against whom it is offered may subpoena and

examine as an adverse witness anyone who is the author, custodian, or a witness

through whom the document might otherwise have been introduced. Documents not

so exchanged may not be received if to do so would, in the arbitrator's opinion,

constitute prejudicial surprise.

(d) Copies of Exhibits Admissible. Copies of exchanged documents or exhibits

are admissible in arbitration hearings.

(e) Witnesses. Witnesses may be compelled to testify under oath or affirmation

and produce evidence by the same authority and to the same extent as if the hearing

were a trial. The arbitrator is empowered and authorized to administer oaths and

affirmations in arbitration hearings.

(f) Subpoenas. Super.R.Civ.P. 45 shall apply to subpoenas for attendance of

witnesses and production of documentary evidence at an arbitration hearing under

these Arbitration Rules.

(g) Authority of Arbitrator to Govern Hearings. Except for the power to

punish for contempt, arbitrators shall have the authority of a trial justice to govern

the conduct of hearings in accordance with these Arbitration Rules. The arbitrator

shall refer all contempt matters to the court.

(h) Law of Evidence Used as a Guide. The Rhode Island Rules of Evidence do

not apply, except as to privilege, in an arbitration hearing but shall be considered as

a guide toward full and fair development of the facts. The arbitrator shall consider

all evidence presented and give it the weight and effect deemed appropriate.

(i) No Ex Parte Communications with Arbitrator. No ex parte communication

as to substantive matters by a party or an attorney with an arbitrator is permitted.

(j) Failure to Appear; Defaults; Rehearing. If a party who has been notified of

the date, time and place of the hearing fails to appear without good cause thereof,

the hearing may proceed and an award may be made by the arbitrator against the

absent party upon the evidence offered by the parties present, but not by default for

the failure to appear. If a party is in default for any other reason but no judgment has

been entered upon the default pursuant to Super.R.Civ.P. 55(b) before the hearing,

the arbitrator may hear evidence and may issue an award against the party in default.

The court may order a rehearing of any case in which an award was made against a

party who failed to obtain a continuance of a hearing and failed to appear for reasons

beyond a party's control. Such motion for rehearing shall be filed with the court

within the time allowed for rejection of the award as stated in Rule 5(a).

(k) No Record of Hearing Made. No transcript or other recording of an

arbitration hearing shall be made.

(l) Sanctions. Any party failing or refusing to participate in an arbitration

proceeding in a good faith and meaningful manner shall be subject to sanctions by

the court on motion of a party, or report of the arbitrator, as provided in

Super.R.Civ.P. 37 and which shall be heard by the assignment justice.

(m) Proceedings in Forma Pauperis. The right to proceed in forma pauperis is

not affected by these Arbitration Rules.

(n) Limits of Hearings. Arbitration hearings shall be limited to four (4) hours

unless the arbitrator determines at the hearing that more time is necessary to ensure

fairness and justice to the parties.

(1) A written application for an enlargement of time for a hearing, which shall

not exceed sixty (60) days, must be filed with the arbitrator and must be served on

opposing parties at the earliest practicable time, and no later than the date for

prehearing exchange of information under Rule 3(b). The arbitrator will rule on these

applications subject to review by the court.

(2) An arbitrator is not required to receive repetitive or cumulative evidence.

(o) Hearing Concluded. The arbitrator shall declare the hearing concluded when

arguments, if permitted, have been completed and all the evidence is in. In

exceptional cases, the arbitrator has discretion to receive post-hearing briefs, but not

evidence, if submitted within ten (10) days after the hearing has been concluded.

(p) Parties Must be Present at Hearings; Representation. All parties shall be

present at hearings in person or through representatives authorized to make binding

decisions on their behalf in all matters in controversy before the arbitrator.

Individuals may be represented by an attorney but it is not required. All other parties,

except individuals, shall be represented by an attorney.

(q) Motions. Designation of an action for arbitration does not affect a party's right

to file any motion with the court.

(1) The court, in its discretion, may consider and determine any motion at any

time. It may defer consideration of issues raised by motion to the arbitrator for

determination in the award. Parties shall state their contentions regarding pending

motions deferred to the arbitrator in the exchange of information required by Rule

3(b).

(2) Pendency of a motion shall not be cause for delaying an arbitration hearing

unless the court so orders.