Rule 1.5 - Appearances, Withdrawal, and Excuse of Attorneys.(a) Appearances. The attorney for a defendant or a self-represented litigant in any case shall forthwith file an entry of appearance (which shall not be deemed to be an answer) with the clerk of the Family Court for the county wherein the action is pending and shall send a copy of the entry of appearance to the opposing attorney or self-represented litigant. An entry of appearance shall contain the name, address, email address, bar number, and telephone number of the attorney or, if a self-represented litigant, contain the name, address, email address (if electing to utilize the electronic filing system), and telephone number of the self-represented litigant except where prohibited by federal or state law. The most current version of an entry of appearance is located on the Judiciary's website at www.courts.ri.gov under the heading of Public Resources, Forms.
(b) Designation of Trial Counsel. Upon entry of appearance, law firms must designate the name of trial counsel. (c) Withdrawal of Attorney. No attorney appearing in any case will be allowed to withdraw without the consent of the court. Except where another attorney enters an appearance at the time of such withdrawal, all withdrawals shall be upon motion with reasonable notice to the party represented. No such motion shall be granted unless the attorney who seeks to withdraw shall file with the clerk the last known address of the attorney's client, or the client files his or her address, and in either situation the address which is filed shall be the official address to which notices may be sent. A motion for withdrawal shall be accompanied by an affidavit setting forth facts showing the military status of the client, or by a written statement of the client consenting to such withdrawal. No motion to withdraw an appearance will be granted if it appears that the client 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.), unless the client consents thereto in writing, or another attorney appears of record as counsel at the time of such withdrawal.
In a case where a responsive pleading has been filed and the court allows an attorney to withdraw and no successor attorney has entered an appearance, the case shall proceed as an answered case and the parties no longer represented by an attorney counsel shall be deemed self-represented.
(d) Excuse From Court Attendance.(1) Except in an emergency, all motions by an attorney seeking to be excused from court attendance shall be filed with the chief judge within three (3) weeks of the first date for which the moving party is seeking to be excused. The motion shall include the following: (A) The specific dates during which the moving attorney is seeking to be excused;(B) A statement by the moving attorney that, at the time of the filing of the motion, there are no matters for which the moving attorney is the attorney of record that have been assigned for trial or hearing during the requested excusal period; and (C) A certification by the moving attorney that a copy of the Motion to be Excused from Court Attendance was served in accordance with R.Dom.Rel.P. 5 on the opposing counsel or a self-represented litigant in each active matter for which the moving attorney is attorney of record in the Family Court. (2) No matter for which the moving attorney is the attorney of record may be assigned for hearing or trial during the requested excusal period. (3) The most current version of a Motion to be Excused from Court Attendance is located on the Judiciary's website at www.courts.ri.gov under the heading of Public Resources, Forms. (4) If no objection is filed with the chief judge by any opposing counsel or a self-represented litigant within five (5) days of the certification, then the moving party is not required to forward copies of a signed order to any party.(e) Illness or Absence of Attorney. In case of sudden illness of an attorney, or the attorney's absence from court from some other imperative and unforeseen cause, the court shall take such action, without notice, as shall appear reasonable in the circumstances.R.I. Family Court R.P. 1.5
Last amended effective 1/29/2016.