Rhode Island Rules of Civil Procedure Flashcards
What proceedings do the Rhode Island rules of civil procedure apply to?
Superior court proceedings, and appeals to the supreme court based on certification.
What are the three types of pleadings in Rhode Island?
Complaints, answers, replies
When are replies permitted?
Only when an answer contains a counterclaim
How soon after an attachment has been made must a complaint be filed?
30 days or the action may be dismissed
When are attorneys fees assessed in connection with commencement of an action?
if the action was “vexatiously commenced”
Who may serve process in RI?
- a sheriff or deputy sheriff in the county
- a constable
- any person who is not a party and is at least 18 years old
If service is not made by a sheriff, what is required in RI?
the return must be in the form of an affidavit
How may service of process be made on an individual in RI?
(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
How is service of process made on a minor?
In the same manner as an individual but a guardian ad litem must be appointed after service before proceeding with the litigation
How is personal service made on an incompetent person?
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
How is personal service made on a partnership?
by serving all partners in the same manner as service on an individual
How is personal service made on a corporation?
(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
How is service made on a public corporation, body, or authority?
delivering a copy of the summons and complaint to an officer, manager, or director thereof
How is service made on an association?
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.
How is service made on the State of Rhode Island?
by delivering a copy of the summons and complaint to the AG or assistant AG
How is service made on an individual who is outside of Rhode Island?
(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
How is personal service on a foreign corporation made outside of the state of RI?
(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
When will the court order service of process by publication?
When the court has jurisdiction over real or personal property and service cannot be made in Rhode Island
How is service made in a foreign country?
- 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.
What is the time limit for service of process in RI?
120 days; if not made dismiss w/prejudice unless good cause shown
In Rhode Island, when is the answer due?
- 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
What rule applies to all affirmative defenses in RI?
They must be specifically pleaded.
