Rhode Island Rules of Civil Procedure

Question 1

What proceedings do the Rhode Island rules of civil procedure apply to?

Answer 1

Superior court proceedings, and appeals to the supreme court based on certification.

Question 2

What are the three types of pleadings in Rhode Island?

Answer 2

Complaints, answers, replies

Question 3

When are replies permitted?

Answer 3

Only when an answer contains a counterclaim

Question 4

How soon after an attachment has been made must a complaint be filed?

Answer 4

30 days or the action may be dismissed

Question 5

When are attorneys fees assessed in connection with commencement of an action?

Answer 5

if the action was “vexatiously commenced”

Question 6

Who may serve process in RI?

Answer 6

• a sheriff or deputy sheriff in the county
• a constable
• any person who is not a party and is at least 18 years old

Question 7

If service is not made by a sheriff, what is required in RI?

Answer 7

the return must be in the form of an affidavit

Question 8

How may service of process be made on an individual in RI?

Answer 8

(1) delivering a copy of the summons and complaint personally to the defendant
(2) leaving it at his dwelling house or usual place of abode with a person of suitable age residing there
(3) delivering them to an agent authorized by appointment of law to receive service of process, provided that if the agent is one designated by statute that such further notice as the statute requires will be given

Question 9

How is service of process made on a minor?

Answer 9

In the same manner as an individual but a guardian ad litem must be appointed after service before proceeding with the litigation

Question 10

How is personal service made on an incompetent person?

Answer 10

By service on the incompetent person and on a guardian ad litem or conservator appointed for him in the same manner as service on an individual

Question 11

How is personal service made on a partnership?

Answer 11

by serving all partners in the same manner as service on an individual

Question 12

How is personal service made on a corporation?

Answer 12

(1) delivering a copy of the summons and complaint to any officer or managing general agent
(2) leaving them at an office of the corporation with n y person in actual employment of the corporation
(3) delivering them to an agent authorized by appointment or by statute to accept service

Question 13

How is service made on a public corporation, body, or authority?

Answer 13

delivering a copy of the summons and complaint to an officer, manager, or director thereof

Question 14

How is service made on an association?

Answer 14

The president and secretary (or officers or members exercising those functions) should be served. In the absence of such officers or members, service should be made on any two officers. If there is only one officer, she should be served. If no officer is known to the plaintiff, service should be made on any member of the association.

Question 15

How is service made on the State of Rhode Island?

Answer 15

by delivering a copy of the summons and complaint to the AG or assistant AG

Question 16

How is service made on an individual who is outside of Rhode Island?

Answer 16

(1) delivery of a copy of the summons and complaint to him personally by any disinterested person
(2) mailing a copy of the summons and complaint to his him by registered or certified mail, return receipt requested
(3) any other method ordered by the court to give such individual notice of the action and sufficient time to prepare any defense thereto

Question 17

How is personal service on a foreign corporation made outside of the state of RI?

Answer 17

(1) delivery of a copy of the summons and complaint by any disinterested person to the president, secretary, or treasurer or to any agent for service of process designated in by the corporation in the state of incorporation
(2) mailing a copy to the officer or agent or the corporation at its business address designated in the state of incorporation by registered or certified mail, return receipt requested
(3) any other method ordered by the court to give such individual notice of the action and sufficient time to prepare any defense thereto

Question 18

When will the court order service of process by publication?

Answer 18

When the court has jurisdiction over real or personal property and service cannot be made in Rhode Island

Question 19

How is service made in a foreign country?

Answer 19

• In a manner conforming to the law of the place of service,
• authorized by the foreign authority,
• or by mail or delivery unless prohibited by the law of the place.

Question 20

What is the time limit for service of process in RI?

Answer 20

120 days; if not made dismiss w/prejudice unless good cause shown

Question 21

In Rhode Island, when is the answer due?

Answer 21

• 20 days after service of process OR
• 60 days after the waiver is sent OR
• 90 days after waiver was sent and defendant is outside the US

Question 22

What rule applies to all affirmative defenses in RI?

Answer 22

They must be specifically pleaded.