RI · rules
R.I. Super. Ct. R. Civ. P. 40
Assignment of Cases for Trial—Continuances
(a) Assignment of
Cases for Trial. Cases may be assigned for trial or other disposition to the
appropriate calendar:
(1) By order of the court including rules of practice and general orders adopted
for the purpose of assignment; or
(2) By motion upon notice to the adverse parties.
Precedence shall be given to actions entitled thereto by statute. However, no
motion to assign a case for trial shall be made within forty (40) days of service of
summons, complaint, and Language Assistance Notice on all necessary parties.
(b) Continuances. Continuances shall be granted only upon motion and for good
cause shown and upon such terms and conditions as the court shall determine.
(c) Affidavit or Certificate in Support of Motion. The court need not entertain
any motion for a continuance based on the absence of a material witness unless such
motion be supported by an affidavit which shall state the name of the witness and, if
known, the witness' address, the facts to which the witness is expected to testify and
the basis for such expectation, the efforts which have been made to procure the
witness' attendance or deposition, and the expectation which the party has of
procuring the witness' testimony or deposition at a future time. Such motion may, in
the discretion of the court, be denied if the adverse party will admit that the absent
witness would, if present, testify as stated in the affidavit. A motion for a continuance
on the ground of sickness of a party or witness shall be accompanied by a certificate
of a practicing physician stating the fact of said sickness, and the kind, degree, and
the time of beginning thereof. Such motion may be denied if the moving party shall
not have notified the adverse party as soon as practicable of the illness and
forthcoming motion for a continuance.
Provenance
- Source
- courts.ri.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
5f9422d053793355024c8c516af2bf663ebefe9b8b477f24a8b54c9f8e4bd28d
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