Certification

(a) Upon Motion of a Party. Whenever a statute provides for certification of an action or of any question arising therein by the Family Court Page 73 of 81 February 2024 to the Supreme Court application for certification shall be made by motion served on every other party at least ten (10) days prior to the time fixed for hearing thereon. The motion shall specify the matter sought to be certified. (b) Upon Court's Own Initiative. Whenever a statute provides for certification of an action or any question arising therein to the Supreme Court on the initiative of the Family Court, the court shall, prior to certification, afford the parties an opportunity to be heard on the issue of certification and on the form any certified question shall take, irrespective of whether the applicable statute directs the Family Court to certify or vests in the Family Court discretion with respect to certification. 73. Appeal from a Judgment, Order, or Decree of a General Magistrate or a Magistrate. — (a) Referral of Appeal. An appeal from a judgment, order, or decree of a general magistrate or a magistrate shall be referred to the chief judge or the chief judge's designee. The review shall be appellate in nature and on the record. (b) Notice of Appeal. A Notice of Appeal shall be filed in the Domestic Relations Clerk's Office within twenty (20) days of the entry of the judgment, order, or decree being appealed. The chief judge may extend the time for filing the Notice of Appeal for good cause. The Notice of Appeal shall specify the parties taking the appeal and shall designate the judgment, order, or decree being appealed. The most current version of the Notice of Appeal is located on the Judiciary's website at www.courts.ri.gov under the heading of Public Resources, Forms. (d) Orders. The chief judge or the chief judge's designee may make such orders for injunction, stay pending appeal, temporary restraining order, or other orders which may be required for the protection of the rights of the parties until the appeal is heard and decided. (e) The Record on Appeal. Except where otherwise provided, the filings and exhibits admitted into evidence, the transcript of the proceedings, and the docket entries shall constitute the record on appeal. (f) Transcripts of Testimony. Within twenty (20) days of filing the Notice of Appeal, the appellant shall order a transcript of the parts of the proceedings that the appellant deems necessary for inclusion in the record. If the appellee deems a transcript of other parts of the proceedings to be necessary, the appellee shall immediately order such parts from the court reporter or seek an order requiring the appellant to do so. (g) Statement of Issues and Memorandum of Law. Within twenty (20) days after the record on appeal is completed, the appellant shall submit a statement of the Page 74 of 81 February 2024 issues on appeal and a memorandum of law in support of the allegations of error. The appellee shall have twenty (20) days to respond. (h) Conferences. The chief judge or the chief judge's designee may schedule a conference to identify and narrow the outstanding appellate issues, to explore possibilities for settlement and, if necessary, to schedule further proceedings. (i) Power of the Chief Judge or the Chief Judge's Designee Not Limited. Nothing contained in this rule limits the authority of the chief judge or the chief judge's designee to alter the time frames set forth in this rule when the interests of justice and equity so require. 74 to 76. [Reserved.] X. FAMILY COURT AND CLERKS