Service and Filing of Papers

(a) Service: When Required. Written motions, other than those which are heard ex parte, written notices, designations of record on appeal, and similar papers shall be served upon each of the parties. (b) Service: How Made. (1) Whenever under these rules or by an order of the court service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless the court orders service on the party. (2) For attorneys and self-represented litigants who are Registered Users, service is made electronically using the EFS. (3) For incarcerated individuals, attorneys who are granted a waiver pursuant to Art. X, Rule 3(c) of the Rhode Island Supreme Court Rules Governing Electronic Filing, and self-represented litigants who do not elect to electronically file pursuant to Art. X, Rule 3(b), service is made by: (A) Delivering a copy to the person served by: (i) Handing it to the person; (ii) Leaving it at the person's office with a clerk or other person in charge; or (iii) Leaving it at the person's dwelling house or usual place of abode; (B) Mailing a copy to the last known address of the person served. Service by mail is complete on mailing; or (C) Any other means ordered by the court. (c) Docketing of Orders. Immediately upon the entry of an order made on a written motion subsequent to arraignment, the clerk shall make a docket entry in the case. Lack of such entry by the clerk does not affect the time to appeal or relieve or authorize the court to relieve a party for failure to appeal within the time allowed, except as permitted by Rule 4 of the Rules of Appellate Procedure of the Supreme Court of Rhode Island. (d) Filing: No Proof of Service Required. All papers required to be served shall be filed with the court either before service or within a reasonable time thereafter. Such filing by a party or party's attorney shall constitute a representation by the party that a copy of the paper has been or will be served upon each of the other parties as required by subdivision (a) of this rule. No further proof of service is required unless an adverse party raises a question of notice. In such instance the affidavit of the person making service shall be prima facie evidence. Discovery requests and responses shall not be filed with the court until they are used in the proceeding or the court orders their filing. The court, on motion generally or in a specific case, or on its own initiative, may order the filing of such discovery materials. Notwithstanding anything in this subsection, any party pressing or opposing any motion for relief under Rules 16(f) or (i) shall file copies of the relevant portions of discovery materials with the court as exhibits to any such motion or opposition. Page 38 of 42 February 2024 (e) Filing With the Court Defined. The filing of pleadings and other papers with the court as required by these rules shall be made by filing them with the clerk of the court, except that the judicial officer may permit the pleadings to be filed with the judicial officer, in which event the judicial officer shall note the filing date and forthwith transmit them to the office of the clerk. (f) Effect of Failure to File. If any party to an action fails to file within five (5) days after the service any of the pleadings required by this rule to be filed, the court, on motion of any party or of its own initiative, may order the pleadings to be filed forthwith, and if the order be not obeyed, the court may order them to be regarded as stricken and their service to be of no effect. 50. Appearance and Withdrawal of Attorneys (a) Appearance. The attorney for a defendant in a criminal action shall forthwith file the attorney's appearance with the clerk of the court for the county wherein the action is pending. (b) Withdrawal. An attorney who has appeared on behalf of any defendant in a criminal action may not withdraw unless the attorney first obtains the consent of the court. All withdrawals shall be upon motion with notice to the defendant and the Attorney General and after hearing thereon. A motion to withdraw shall not be granted unless the attorney who seeks to withdraw shall append to the attorney's motion the last known address of the attorney's client, which shall be the official address to which notices may be sent. A motion to withdraw shall be accompanied by an affidavit setting forth facts showing the military status of the defendant. If it appears that the defendant is in the military service of the United States, as defined in the Servicemembers Civil Relief Act (50 U.S.C.A. App. § 501, et seq.), and any amendments thereto, the motion shall not be granted unless the defendant consents thereto in writing or another attorney appears of record as counsel at the time of such withdrawal. (c) Out of State Counsel. No person, who is not an attorney of the Supreme Court of the State of Rhode Island, shall be permitted to act as attorney for any party in any proceeding, hearing, or trial in the Family Court, unless granted leave to do so by the court or by the Supreme Court. Unless the Family Court or the Supreme Court permits otherwise, any attorney who is granted leave to practice before the court shall not engage in any proceeding, hearing, or trial therein unless there is present in the courtroom for the duration of the proceeding, hearing, or trial, a member of the bar of Rhode Island who shall be prepared to continue with the proceeding, hearing, or trial in the absence of an attorney who has been so granted leave. Subject to the limitations and exceptions set forth in Article II, Rule 9 of the Supreme Court Rules for the Admission of Attorneys and Others to Practice Law, Page 39 of 42 February 2024 leave shall be granted by the court in its discretion upon a miscellaneous petition signed by the petitioner in a form approved by the Supreme Court, supported by certifications of the attorney seeking admission pro hac vice and of Rhode Island associate counsel, and assented to by the party being represented in a client certification. The most current forms for pro hac vice admission are located on the Judiciary's website at www.courts.ri.gov under the heading of Public Resources, Forms, Family Court. Leave to represent more than one defendant may be granted provided, however, that for each defendant there shall also be a separate Rhode Island associate trial counsel who shall be present in the courtroom for the duration of the proceeding, hearing, or trial, unless excused by the court. Leave to represent more than one defendant shall be granted by the court, in its discretion, upon motion in the form approved by the court, signed by the movant, and assented to by the defendant being represented and by Rhode Island associate trial counsel.