Proceeding on Appeal from a Magistrate

(a) Applicability. An appeal of the decision of any magistrate of the Superior Court shall be filed in accordance with the provisions of this rule. (b) Appeal — How Taken. An appeal shall be taken by filing a notice of appeal in the Superior Court Clerk's Office for the county in which the cause before the magistrate was heard. No filing fee shall be required. The party or parties taking the appeal shall order and pay for a transcript of the proceedings thereon. (c) Contents of Notice of Appeal. The notice of appeal shall specify the party or parties taking the appeal and shall designate the judgment, order, or decree or part thereof appealed from and the basis for the appeal. (d) Service of the Notice of Appeal. The Superior Court shall serve notice of the filing of a notice of appeal to the attorney of record of each party or self-represented litigant other than the appellant. The Superior Court shall note on each copy served the date on which the notice of appeal was filed. (e) Appeal — When Taken. The notice of appeal required shall be filed within twenty (20) days of the date of the entry of the judgment, order, or decree appealed from. (f) Record on Appeal. The original papers and exhibits filed with the Superior Court, the transcript of the proceedings, and the docket entries shall constitute the record on appeal. (g) Assignment. The Superior Court justice assigned to the Formal and Special Cause Calendar in Providence/Bristol County or the Superior Court justice assigned to the civil calendar in Kent, Newport, or Washington Counties shall assign the matter for hearing within sixty (60) days after the appellant files the required transcript with the court. If the transcript is not filed within sixty (60) days of the entry of the judgment, order, or decree, except for good cause shown, the appeal shall be dismissed. (h) Review. The Superior Court justice shall make a de novo determination of those portions to which the appeal is directed and may accept, reject, or modify, in whole or in part, the judgment, order, or decree of the magistrate. The justice, however, need not formally conduct a new hearing and may consider the record developed before the magistrate, making his or her own determination based on that record whether there is competent evidence upon which the magistrate's judgment, order, or decree rests. The justice may also receive further evidence, recall witnesses or recommit the matter with instructions. Page 7 of 9 February 2024 III. RECORDS