R.I. Super. Ct. R. Civ. P. 26

(a)

Discovery Methods.

(1) In General. Parties may obtain discovery by one (1) or more of the following

methods: depositions upon oral examinations or written questions; written

interrogatories; production of documents or things or permission to enter upon land

or other property under Rule 34 or 45(a) for inspection and other purposes; physical

and mental examinations; and requests for admission. In accordance with Rule 5(d),

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

in the proceeding or the court orders their filing.

(2) Electronically Stored Information.

(A) In these rules:

(i) “Electronic” means relating to technology having electrical, digital, magnetic,

wireless, optical, electromagnetic, or similar capabilities; and

(ii) “Electronically stored information” means information stored in an electronic

medium and is retrievable in perceivable format.

(B) If the parties so agree or if the court so orders upon motion by any party, all

parties that have appeared in the proceeding shall confer concerning whether

discovery of electronically stored information is reasonably likely to be sought in

the proceeding. If discovery of electronically stored information is reasonably likely

to be sought, the parties at the conference shall discuss:

(i) Any issues relating to preservation of the information;

(ii) The format in which each type of the information will be produced;

(iii) The period within which the information will be produced;

(iv) The method for asserting or preserving claims of privilege or of protection

of the information as trial preparation materials, including whether such claims may

be asserted after production;

(v) The method for asserting or preserving confidentiality and proprietary status

of information relating to a party or a person not a party to the proceeding;

(vi) Whether allocation among the parties of the expense of production is

appropriate; and

(vii) Any other issue relating to discovery of the information.

(C) If discovery of electronically stored information is reasonably likely to be

sought, then:

(i) The parties shall develop and memorialize a proposed plan relating to

discovery of the information; and

(ii) If the court so orders, submit to the court a written report that summarizes the

plan and states the position of each party as to any issue about which they are unable

to agree.

(D) The court may issue an order governing the discovery of electronically stored

information pursuant to:

(i) A motion by a party seeking discovery of the information or by a party or

person from which discovery of the information is sought;

(ii) A stipulation of the parties and of any person not a party from which discovery

of the information is sought; or

(iii) The court's own motion, after reasonable notice to, and an opportunity to be

heard from, the parties and any person not a party from which discovery of the

information is sought.

(E) An order or plan governing discovery of electronically stored information

may address:

(i) Whether discovery of the information is reasonably likely to be sought in the

proceeding;

(ii) Preservation of the information;

(iii) The format in which each type of the information is to be produced;

(iv) The time within which the information is to be produced;

(v) The permissible scope of discovery of the information;

(vi) The method for asserting or preserving claims of privilege or of protection

of the information as trial-preparation material after production;

(vii) The method for asserting or preserving confidentiality and the proprietary

status of information relating to a party or a person not a party to the proceeding;

(viii) Allocation of the expense of production; and

(ix) Any other issue relating to discovery of the information.

(F) Any motion under Rule 26(a)(2) must include a certification that the movant

has in good faith conferred or attempted to confer with the other party or parties in

an effort to agree upon a plan relating to the discovery of electronically stored

information without court action.

(b) Discovery: Scope and Limits. Unless otherwise limited by order of the court

in accordance with these rules, the scope of discovery is as follows:

(1) In General. Parties may obtain discovery regarding any matter, not privileged,

which is relevant to the subject matter involved in the pending action, whether it

relates to the claim or defense of the party seeking discovery or to the claim or

defense of any other party, including the existence, description, nature, custody,

condition and location of any documents, electronically stored information or

tangible things and the identity and location of persons having knowledge of any

discoverable matter. It is not ground for objection that the information sought will

be inadmissible at the trial if the information sought appears reasonably calculated

to lead to the discovery of admissible evidence.

The frequency or extent of use of the discovery methods set forth in these rules

shall be limited by the court if it determines that:

(A) The discovery sought is unreasonably cumulative or duplicative, or is

obtainable from some other source that is more convenient, less burdensome, or less

expensive;

(B) The party seeking discovery has had ample opportunity by discovery in the

action to obtain the information sought; or

(C) The discovery is unduly burdensome or expensive, taking into account the

needs of the case, the amount in controversy, the parties' resources, and the

importance of the issues at stake in the litigation. The court may act upon its own

initiative after reasonable notice or pursuant to a motion under subdivision (c).

(2) Insurance Agreements. A party may obtain discovery of the existence and

contents of any insurance agreement under which any person carrying on an

insurance business may be liable to satisfy part or all of a judgment which may be

entered in the action or to indemnify or reimburse for payments made to satisfy the

judgment. Information concerning the insurance agreement is not by reason of

disclosure admissible in evidence at trial. For purposes of this paragraph, an

application for insurance shall not be treated as part of an insurance agreement.

(3) Trial Preparation: Materials. Subject to the provisions of subdivision (b)(4)

of this rule, a party may obtain discovery of documents and tangible things otherwise

discoverable under subdivisions (b)(1) of this rule and prepared in anticipation of

litigation or for trial by or for another party or by or for that other party's

representative (including the other party's attorney, consultant, surety, indemnitor,

insurer, or agent) only upon a showing that the party seeking discovery has

substantial need of the materials in the preparation of the party's case and that the

party is unable without undue hardship to obtain the substantial equivalent of the

materials by other means. In ordering discovery of such materials when the required

showing has been made, the court shall protect against disclosure of the mental

impressions, conclusions, opinions, or legal theories of an attorney or other

representative of a party concerning the litigation.

A party may obtain without the required showing a statement concerning the

action or its subject matter previously made by that party. Upon request, a person

not a party may obtain without the required showing a statement concerning the

action or its subject matter previously made by that person. If the request is refused,

the person may move for a court order. The provisions of Rule 37(a)(4) apply to the

award of expenses incurred in relation to the motion. For purposes of this paragraph,

a statement previously made is:

(A) A written statement signed or otherwise adopted or approved by the person

making it; or

(B) A stenographic, mechanical, electrical, or other recording, or a transcription

thereof, which is a substantially verbatim recital of an oral statement by the person

making it and contemporaneously recorded.

(4) Trial Preparation: Experts.

(A) A party may through interrogatories require any other party to identify each

person whom the other party expects to call as an expert witness at trial, to state the

subject matter on which the expert is expected to testify, to state the substance of the

facts and opinions to which the expert is expected to testify, and to summarize the

grounds for each opinion. A party may, through a request for production pursuant to

Rule 34, a request attached to a notice of deposition pursuant to Rule 30(b)(5), or

subpoena duces tecum pursuant to Rule 45, require any other party to produce all

documents and materials relied upon by a person whom the other party expects to

call as an expert witness at trial in formulating that expert's opinion(s). If documents

and materials are requested, the procedures of Rules 34 and 45, respectively, shall

apply to the request.

A party may depose any person who has been identified as an expert expected to

testify when the expert interrogatory has been responded to by the other party.

Unless otherwise ordered by the court, the party seeking to depose the expert shall

pay the expert the reasonable fee for the time spent attending the deposition and the

reasonable expenses incurred in attending the deposition. In the absence of

agreement between the parties as to the timing of disclosures required under this

subdivision, any party may apply to the court for an order establishing a schedule of

such interrogatories, responses, and depositions. Obligation to respond to

interrogatories shall be stayed until the ruling on the application.

Written reports are not required under this rule. However, to the extent an expert

prepares a report that is disclosed, the provisions of subdivision (b)(3) of this rule

protect drafts of any such report regardless of the form in which the draft is recorded.

(B) A party may discover facts known and opinions held by an expert who has

been retained or specially employed by another party in anticipation of litigation or

preparation for trial and who is not expected to be called as a witness at trial only as

provided in Rule 35(b) or upon a showing of exceptional circumstances under which

it is impracticable for the party seeking discovery to obtain facts or opinions on the

same subject by other means.

(C) Unless manifest injustice would result:

(i) The court shall require that the party seeking discovery pay the expert a

reasonable fee for time spent in responding to discovery under this subdivision; and

(ii) With respect to discovery obtained under subdivision (b)(4)(B) of this rule

the court shall require the party seeking discovery to pay the other party a fair portion

of the fees and expenses reasonably incurred by the latter party in obtaining facts

and opinions from the expert.

(D) These rules protect communications between the party's attorney and any

witness designated as an expert under these rules, regardless of the form of the

communications, except to the extent that the communications:

(i) Relate to compensation for the expert's study or testimony;

(ii) Identify facts or data that the party's attorney provided and that the expert

relied on in forming the opinions to be expressed; or

(iii) Identify assumptions that the party's attorney provided and that the expert

relied on in forming the opinions to be expressed.

(5) Claims of Privilege or Protection of Trial Preparation Material. When a party

withholds information otherwise discoverable under these rules by claiming that it

is privileged or subject to protection as trial preparation material, the party shall

make the claim expressly and shall describe the nature of the documents,

communications, or things not produced or disclosed in a manner that, without

revealing information itself privileged or protected, will enable other parties to

assess the applicability of the privilege or protection.

(6) Electronically Stored Information.

(A) A party may object to discovery of electronically stored information from

sources that the party identifies as not reasonably accessible because of undue

burden or expense. In the party's objection, the party shall identify the reason for the

undue burden or expense. On motion to compel discovery or for a protective order

relating to the discovery of electronically stored information, a party objecting to

discovery under Rule 26(b)(6) bears the burden of showing that the information is

from a source that is not reasonably accessible because of undue burden or expense.

(B) The court may order discovery of electronically stored information that is

from a source that is not reasonably accessible because of undue burden or expense

if the party requesting discovery shows that the likely benefit of the proposed

discovery outweighs the likely burden or expense, taking into account the amount in

controversy, the resources of the parties, the importance of the issues, and the

importance of the requested discovery in resolving the issues.

(C) If the court orders discovery of electronically stored information under

subsection (B), the court may set conditions for discovery of the information,

including allocation of the expense of discovery.

(D) The court shall limit the frequency or extent of discovery of electronically

stored information, even from a source that is reasonably accessible, if the court

determines that:

(i) The information may be obtained from some other source that is more

convenient, less burdensome, or less expensive;

(ii) The discovery sought is unreasonably cumulative or duplicative;

(iii) The party seeking discovery has had ample opportunity by discovery in the

proceeding to obtain the information sought; or

(iv) The likely burden or expense of the proposed discovery outweighs the likely

benefit, taking into account the amount in controversy, the resources of the parties,

the importance of the issues, and the importance of the requested discovery in

resolving the issues.

(7) Claim of Privilege or Protection after Production of Electronically Stored

Information.

(A) If electronically stored information produced in discovery is subject to a

claim of privilege or of protection as trial-preparation material, the party making the

claim may notify any party that received the information of the claim and the basis

for the claim.

(B) After being notified of a claim of privilege or of protection under subsection

(A), a party shall immediately sequester the specified information and any copies it

has and:

(i) Return or destroy the information and all copies and not use or disclose the

information until the claim is resolved; or

(ii) Present the information to the court under seal for a determination of the claim

and not otherwise use or disclose the information until the claim is resolved.

(C) If a party that received notice under subsection (B) disclosed the information

subject to the notice before being notified, the party shall take reasonable steps to

retrieve the information.

(c) Protective Orders. Upon motion by a party or by the person from whom

discovery is sought, accompanied by a certification that the movant has in good faith

conferred or attempted to confer with other affected parties in an effort to resolve

the dispute without court action, and for good cause shown, the court in which the

action is pending or alternatively, on matters relating to a deposition, the court in the

county where the deposition is to be taken may make any order which justice

requires to protect a party or person from annoyance, embarrassment, oppression, or

undue burden or expense, including one or more of the following:

(1) That the disclosure or discovery not be had;

(2) That the disclosure or discovery may be had only on specified terms and

conditions, including a designation of the time or place;

(3) That the discovery may be had only by a method of discovery other than that

selected by the party seeking discovery;

(4) That certain matters not be inquired into, or that the scope of the disclosure

or discovery be limited to certain matters;

(5) That discovery be conducted with no one present except persons designated

by the court;

(6) That a deposition after being sealed be opened only by order of the court;

(7) That a trade secret or other confidential research, development, or commercial

information not be revealed or be revealed only in a designated way; and

(8) That the parties simultaneously file specified documents or information

enclosed in sealed envelopes to be opened as directed by the court.

In ruling on a motion for a protective order the court may, on such terms and

conditions as are just, order that any party or other person provide or permit

discovery. The provisions of Rule 37(a)(4) apply to the award of expenses incurred

in relation to the motion.

(d) Sequence and Timing of Discovery. Unless the court upon motion, for the

convenience of parties and witnesses and in the interests of justice, orders otherwise,

methods of discovery may be used in any sequence and the fact that a party is

conducting discovery, whether by deposition or otherwise, shall not operate to delay

any other party's discovery.

(e) Supplementation of Responses. A party who has responded to a request for

discovery with a response that was complete when made is under a duty to

supplement the response to include information thereafter acquired under the

following circumstances:

(1) A party is under a duty seasonably to supplement his response with respect to

any question directly addressed to:

(A) The identity and location of persons having knowledge of discoverable

matters; and

(B) The identity of each person expected to be called as an expert witness at trial,

the subject matter on which the person is expected to testify, and the substance of

the person's testimony.

(2) A party is under a duty seasonably to amend a prior response if the party

obtains information upon the basis of which:

(A) The party knows that the response was incorrect when made; or

(B) The party knows that the response though correct when made is no longer

true or complete and the circumstances are such that a failure to amend the response

is in substance a knowing concealment.

(3) A duty to supplement responses may be imposed by order of the court,

agreement of the parties, or at any time prior to trial through new requests for

supplementation of prior responses.

(4) A party is under a continuing duty to furnish answers to interrogatories as

provided in Rule 33(c).

(f) Signing of Discovery Requests, Responses, and Objections. Every

discovery request, response, or objection made by a party represented by an attorney

shall be signed by at least one (1) attorney of record, other than responses that must

be signed by the party, in the attorney's individual name and shall state the attorney's

address, email address, bar number, and telephone number. A self-represented

litigant shall sign the request, response, or objection and state the self-represented

litigant's address, email address (if electing to utilize the EFS), and telephone

number. The signature of the attorney, party, or self-represented litigant constitutes

a certification that to the best of the signer's knowledge, information, and belief,

formed after a reasonable inquiry, the request, response, or objection is:

(1) Consistent with these rules and warranted by existing law or a good faith

argument for the extension, modification, or reversal of existing law;

(2) Not interposed for any improper purpose, such as to harass or to cause

unnecessary delay or needless increase in the cost of litigation; and

(3) Not unreasonable or unduly burdensome or expensive, given the needs of the

case, the discovery already had in the case, the amount in controversy, and the

importance of the issues at stake in the litigation.

If a request, response, or objection is not signed, it shall be stricken unless it is

signed promptly after the omission is called to the attention of the party making the

request, response, or objection, and a party shall not be obligated to take any action

with respect to it until it is signed.

If without substantial justification a certification is made in violation of the rule,

the court, upon motion or upon its own initiative, may impose upon the person who

made the certification, the party on whose behalf the disclosure, request, response,

or objection is made, or both, an appropriate sanction, which may include an order

to pay the amount of the reasonable expenses incurred because of the violation,

including a reasonable attorney's fee.