Rule 49 - 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 Article 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 Article 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 if no one is in charge, leaving it in a conspicuous place in the office; or(iii) Leaving it at the person's dwelling house or usual place of abode with someone of suitable age and discretion residing there.(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 an 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 be filed with the court. However, the accompanying discovery materials 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.
(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.R.I. Super. Ct. R. Crim. P. 49
As amended by the court on 7/1/2002; last amended by Order dated June 22, 2017, effective 9/5/2017; amended by Order dated November 27, 2018, effective 11/27/2018.2002 Committee Notes
The amendments bring the rule in compliance with the practice in the Superior Court clerk's office.
1972 Notes
Subdivisions (a), (b) and (c) are the same as those contained in the federal rule. Subdivisions (d), (e) and (f) are, with minor modification, the same as subdivisions (d), (e) and (f) of Rule 5, R.I.Super.R.Civ.P.