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R.I. Super. Ct. R. Civ. P. 40

Assignment of Cases for Trial—Continuances

activein force · 2024-02-01 – presentact-effective-date

(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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R.I. Super. Ct. R. Civ. P. 40 — Assignment of Cases f… · binding.law