Pretrial Conference

Failure to Appear. - (A) In the event that a party, after proper notice, fails to appear at the pretrial conference, the judge before whom the matter is being heard may, in her/his discretion, enter a pretrial order granting, denying, or dismissing the petition. Dismissals may be with or without Page 5 of 35 February 2024 prejudice. Any pretrial order so entered shall contain a finding that the absent party, with due notice, failed to appear. (B) Relief from Pretrial Order. After a pretrial order has been entered by the judge following a party's failure to appear, the judge may, on motion and upon such terms as are just, relieve a party from any order which has been entered pursuant to G.L. 1956 § 28-35-20 for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) fraud, misrepresentation, or other misconduct of an adverse party; (3) the pretrial order is void; (4) the orders have been previously satisfied, released, or discharged; or (5) any other reason justifying relief from operation of the pretrial order. The motion shall be filed within a reasonable time and not more than six (6) months after the date on which the pretrial order was entered. A motion under this rule does not affect the finality of the pretrial order or suspend its operation.