R.P. 2.1. NO ASSIGNMENT OF CASES ON CERTAIN DAYS.
Cases will not be assigned for hearing upon any legal holiday, Good Friday, or upon any day within the period from December 19th to New Year's Day, each date inclusive. Matters deemed by the court to be urgent may be heard on such days.
R.P. 2.2. ADMINISTRATION OF COURT CALENDARS - KENT, NEWPORT AND WASHINGTON COUNTIES.
In and for the counties of Kent, Newport and Washington there shall be a criminal calendar and a civil calendar. These calendars shall be administrated in accordance with this rule, subject to amendment by an administrative order of the Presiding Justice.
(a)The Criminal Calendar: The justice assigned to the criminal calendar shall qualify and receive the report of the grand jury, dispose of motions related to criminal proceedings, preside at trials of indictments, informations and complaints, assign motions for the reduction of sentence for disposition by the justice who presided at the trial of the movant, dispose of such motions in cases wherein the trial justice is no longer a member of the court and perform such other duties as in his or her judgment may be necessary for the complete administration of the calendar.(b)The Civil Calendar: The justice assigned to the civil calendar shall qualify the petit jury, dispose of matters on the miscellaneous calendar, which calendar comprises all civil motions and those civil matters which are more specifically described as formal and special cause matters, preside at trials of civil causes, dispose of applications for post-conviction relief in any case wherein the trial justice is no longer a member of the court, assign such applications for dispositions by the justice who presided at the trial of the applicant, dispose of appeals taken under the administrative procedures and zoning enabling acts, decide petitions for extraordinary writs and perform such other duties as in his or her judgment may be necessary for the complete administration of the calendar. R. P. 2.3. ADMINISTRATION OF CALENDARS - PROVIDENCE AND BRISTOL COUNTIES.
In and for the counties of Providence and Bristol there shall be a combined criminal and civil trial calendar presided over by a designated assignment judge.
(a)The Criminal Calendar: The calendar of criminal cases assigned for said counties shall be called on Thursday of each week at 9:30 A.M. by the assignment judge during which the status of the cases for trial shall be communicated to the assignment judge by the designated trial attorney for the state and the defendant(s). At the calendar call, no oral motion for a continuance of the trial shall be granted. A motion for a continuance shall be in writing and filed with the judge in charge of the trial calendar not later than the Tuesday prior 'to the Thursday calendar call to which the case has been assigned. A copy of said motion shall be served upon opposing counsel. The motion shall be heard at the Thursday calendar call or at such other time prior thereto as the assignment judge may designate.
A motion for continuance shall set forth the grounds therefor. A motion 'which seeks a continuance on the ground that a witness or a defendant is not available for the trial to proceed shall be accompanied by the affidavit of a person having personal knowledge of the specific reasons for the unavailability of the witness or the defendant and for what length of time.
Upon addressing and deciding all administrative matters, the administrative judge shall assign cases for trial to a judge assisting on the combined trial calendar as said judges become available. The assignment of a case to a trial judge by the assignment judge shall constitute a determination by said assignment judge that the case is to be disposed of by the trial judge either by a trial or by the plea of the defendant. A trial judge to whom a case has been assigned shall not return that case to the assignment judge except where the trial judge has found cause for recusal and except for such cause, the assignment judge shall not accept the return of the case.
If, prior to being reached for trial, a case previously called ready for trial is no longer ready due to a change in circumstances, the assignment judge shall be notified in writing with a copy to opposing counsel. The notice shall state specifically the change of circumstances and when it is expected that the case will again be ready for trial. If there is an objection by opposing counsel, the assignment judge shall hear and determine the request on the record and an appropriate order shall be entered.
(b)The Civil Calendar:(1) The calendar of civil trial cases assigned for Providence and Bristol Counties shall be called on Friday of each week at 9:30 A.M. by the assignment judge. At the calendar call the status of the case for trial shall be communicated to the assignment judge by the defendant trial attorneys for the plaintiff(s) and defendant(s). Requests for continuances or any other consideration shall be made to the assignment judge at the call of the calendar and only for good cause shown shall they be granted.
Upon addressing and deciding all administrative matters, the assignment judge shall assign cases for trial to a judge assisting on the combined trial calendar as said judges become available. Atrial judge to whom a case has been assigned shall not return that case to the assignment judge except where the trial judge has found cause for recusal and except for such cause the assignment judge shall not accept the return of the case.
(2) A calendar of civil control cases for Providence and Bristol Counties shall be called on Monday, Tuesday and Wednesday of each week at 9:30 A.M. The number of cases shall be determined by the assignment judge. The assignment judge shall conduct an issues and settlement conference with the designated trial attorneys in accordance with R. P. 2.5. If the controversy is not resolved, the case shall be assigned to the combined trial calendar.
(c)The Daily Criminal Calendar:(1) The justice assigned to the daily criminal calendar shall qualify and receive the report of the grand jury, dispose of motions relating to criminal proceedings other than motions to suppress evidence, conduct arraignments and bail and violation hearings and perform such other duties as in his or her judgment may be necessary for the complete administration of the calendar.(2) When the justice assigned to the daily criminal calendar is in need of assistance on any day, he or she shall call upon the assignment judge to assign any judge then available to lend such assistance.(d)The Formal and Special Cause Calendar:(1) The justice assigned to the formal and special cause calendar shall dispose of emergency matters, proceedings which do not require contested evidentiary hearings. Without limiting the generality of the foregoing, proceedings assigned to this calendar will include: formal matters, agency appeals, proofs of claims, preliminary injunctions, proceedings to dissolve a temporary restraining order, contempt proceedings, receivership proceedings, supplemental relief proceedings, petitions for extraordinary legal remedies and complaints for declaratory judgment submitted entirely on an agreed statement of facts.(2) Such proceedings may be assigned for hearing in Providence by agreement or on motion, Monday through Friday of each week.(3) Appeals to the Superior Court taken under the administrative procedures or zoning enabling acts shall be assigned by the clerk to the formal and special cause calendar. The justice assigned to the calendar shall submit such appeals for disposition, on a rotational basis, to the justices assigned to the trial calendar.(4) Applications for post-conviction relief shall be assigned by the clerk to the formal and special cause calendar. The justice assigned to the calendar shall submit the application, as the case may be, for disposition by the justice who presided at the trial of the applicant. In any case where the trial justice is no longer a member of the court, the justice assigned to the calendar shall submit the application for disposition, on a rotational basis, to the justices assigned to the trial calendar.(5) The justice assigned to the formal and special cause calendar shall perform such other duties as in his or her judgment may be necessary for the complete administration of the calendar.(6) The Presiding Justice may limit the number of cases to be assigned to this calendar on a given day and may from time to the issue detailed regulations for the operation of this calendar. (e)The Motion Calendar:(1) The motion calendar shall be administered on Tuesday, Wednesday and Thursday of each week.(2) No motions other than dispositive motions shall be assigned for hearing on Tuesday of each week.(3) The justice assigned to the motion calendar or, by delegation, his or her clerk shall regulate the assignment of dispositive motions to the Tuesday motion calendar as well as the dates on which briefs and supporting documentation are to be filed.(4) The justice assigned to the motion calendar shall utilize Monday and Friday of each week for preparation towards the disposition of dispositive motions and, in his or her discretion when not so engaged, to assist on the formal and special cause calendar.(5) The justice assigned to the motion calendar shall perform such other duties as in his or her judgment may be necessary for the complete administration of the calendar.(f)The Pre-Arraignment and Pre-Trial Calendars. The justice and/or master assigned to the pre-arraignment and pre-trial calendars shall administer each calendar in accordance with this rule. Each calendar shall be called each day at 9:30 A.M. (1) Pre-Trial Conference Calendar.(a) A pre-trial conference calendar shall be called each day at 9:30 A.M. by the assignment judge.(b) Prior to the call of a case on the pre-trial calendar, the prosecution and defense shall discuss the facts of the case and the possible disposition of the case without a trial thereof in light of those facts.(c) At the conference, the parties shall be prepared to discuss their respective positions in clear and concise terms. The prosecution shall disclose to the assignment judge and to the defense the statement of each victim pertaining to the sentencing of the defendant and any prior conviction of the accused.(d) The prosecution shall provide the assignment judge with its. best estimate of the duration of its case. In the event that the defense may present testimony in defense, it shall provide the assignment judge with its best estimate of the duration of its case.(e) No continuance of a pre-trial conference shall be granted except by the trial judge and then only for good cause and to a date not beyond the date on which the case is scheduled to be called.(2)The Pre-Arraignment Calendar. Every person accused of the commission of a felony shall, if he or she is without counsel at his or her initial appearance before the District Court, be informed in writing that: (a) If the accused intends to be represented by an attorney such attorney must enter an appearance on behalf of the accused not later than two (2) weeks following the initial appearance.(b) If an attorney does not enter an appearance on behalf of the accused within two (2) weeks of the initial appearance, the accused must personally appear before the district court on the fourteenth day following the initial appearance. (c) If the accused fails to appear personally before the District Court, an attorney not having entered an appearance on behalf of the accused, a warrant will issue for the apprehension of the accused. Four weeks following the initial appearance of the accused before the District Court, a representative of the attorney general and of the law enforcement agency which preferred the felony complaint shall meet to review the evidence forming the basis of the complaint. In the event that the representative of the attorney general determines that the case shall not proceed further the complaint shall be dismissed and counsel for the accused and the accused shall be notified of the dismissal. Where it is determined otherwise, counsel for the accused shall have copies of all police reports made available during the fifth and sixth weeks after the initial appearance at a place designated by a representative of the attorney general.
Seven weeks following the initial appearance, counsel for the accused shall meet with a representative of the attorney general, at a place designated by the latter, to ascertain whether the felony might be disposed of by the plea of the accused. if it appears that the felony will be so disposed of, § 12-28-4.1, G.L. 1956 shall be complied with.
Nine weeks following the initial appearance, counsel for the state and for the accused shall meet with the court in camera and inform the court of the terms of the proposed plea agreement.
Ten weeks following the initial appearance, the accused shall either be arranged or shall enter a plea disposing of the charge.
In those cases involving the possession or sale of a controlled substance where no toxicology report has been received by the ninth week, the court may continue the pre-arraignment conference and the arraignment of the defendant for such periods of time as may be necessary to receive a toxicology report.
R.P. 2.4. CIVIL TRIALS - STATUS CONFERENCE
Upon a case being scheduled for a status conference:
(a) The discovery in progress on the date of said scheduled conference or commenced thereafter shall not be cause for a continuance of the trial of said case.(b) Counsel for the plaintiff shall forthwith communicate with counsel for the defendant and each with his or her respective client in a good faith effort to settle the controversy.(c) If a good faith effort to settle the controversy is unsuccessful, each counsel at the pre-trial conference with the assignment judge shall be prepared to succinctly and concisely state his or her respective positions and the basis for those positions including final demands and offers of settlement; an explanation of the particular barriers to settlement; the number of witnesses to be presented by each party; and the approximate number of trial days required by each party.(d) if the controversy is settled, a stipulation effectuating the settlement shall be filed with the clerk of the court and a copy thereof with the case scheduling office not later than 2:00 P.M. on the business day prior to the day scheduled for the status conference. R. P. 2.5. MOTION DAYS FOR KENT, NEWPORT AND WASHINGTON COUNTIES
The Superior Court shall be in session for the purpose of hearing motions in the various counties as follows:
(a) In and for the county of Kent, on the Second and Fourth Monday of each and every month, excepting the last Monday in December. (b) In and for the county of Washington on the Third Monday of each and every month, excepting the month of July and the Third Monday of December which falls between December 18 and December 22.(c) In and for the county of Newport, on the First Monday of each and every month. Whenever a motion day falls on a legal holiday wherein the court is not in session, motions will be heard on the next business day of the court.
R. P. 2.6. COURT SESSIONS
All Superior Court criminal and civil calendars for all counties shall be called by the justice assigned at 9:30 A.M.
R. P. 2.7. DISTRICT COURT CIVIL APPEALS
(a) In and for all counties, District Court civil appeals, which are not subject to arbitration, shall be disposed of as follows: (1) An appeal from a judgment of the District Court, if the case be for tenement let, or held at will or by sufferance, or pertaining to a lease of land, shall be assigned to the trial calendar by the clerk of the county immediately upon certification of the appeal to the Superior Court.(2) Except as in this rule of practice otherwise provided, an appeal from a judgment of the District Court shall be assigned to the trial calendar by the clerk of the county immediately upon the expiration of ten (10) days after certification of the appeal to the Superior Court.(3) No appeal from the District Court, including an appeal which is subject to arbitration, shall be assigned for trial in accordance with this order unless the certification of the appeal to the Superior Court discloses that the judgment appealed from has been entered in accordance with the provisions of District Court Civil Rule 58(a).(4) An appeal from a judgment entered by agreement or submission in accordance with the provisions of District Court Civil Rule 58(b) shall be assigned by the clerk only after a motion to assign has been granted.(b) District Court civil appeals which are subject to arbitration shall be disposed of as follows: (1) On the first business day of each week, the clerk shall transmit to the Arbitration Office the Superior Court case number and the caption of every case which he or she has received in the course of the prior week as an appeal from the District Court which is subject to court-annexed arbitration as provided by Rule 1(a) of The Rules and Regulations Governing the Arbitration of Civil Actions in Superior Court.(2) Immediately upon the receipt of such list of cases from the clerk, the Arbitration Office shall designate all of the cases on the list for arbitration as required by Rule 7 of The Rules and Regulations Governing the Arbitration of Civil Actions in Superior Court. R. P. 2.8. NON-JURY MATTERS
(a) Non-Jury Civil Trials. No case assigned to the civil trial calendar which is to be tried on the merits to the court without the intervention of a jury shall proceed to trial or disposition until all of the parties to the cause shall have provided the court with a pre-trial memorandum. The pre-trial memorandum shall be filed not later than the Tuesday preceding the Friday on which the case is scheduled for a trial calendar call. (1) The pre-trial memorandum shall contain: (a) All facts which have been agreed upon.(b) A denomination of each document or thing which the parties have agreed is to be received in evidence as a full exhibit. (1) As to each of such exhibits, the trial justice will receive and have it marked as a full exhibit prior to the opening statement of the party profferring the exhibit.(2) Where a cause is submitted upon an agreed statement of facts, such exhibits shall be marked by counsel and be accompanied contemporaneously by the pre-trial memorandum.(c) As to any document or thing which a party intends to offer as in exhibit and to which an adverse party will interpose an objection at trial. A statement of the grounds for the admission or exclusion as an exhibit with citation to the authorities supporting such admission or exclusion.(d) If expert testimony will be presented, the qualifications to which the expert will testify.(e) If expert testimony will be presented, a statement by the adverse party whether or not the qualifications of the expert are admitted. (f) If expert testimony will be presented and an adverse party will interpose an objection to the qualifications of the expert witness at trial, a statement of the grounds for the admission or exclusion of the expert testimony with citation to the authorities supporting such admission or exclusion.(g) A copy of each case cited other than a case decided by the R.I. Supreme Court. (h) Each issue which the court will be called upon to decide.(2) If the court has not rendered its findings of fact and conclusions of law in accordance with Super. R. Civ. R 52(a): (a) Within ninety (90) days following the close of all the testimony, or;(b) In the event that the court requires the parties to submit either proposed findings of fact and conclusions of law in accordance with said rule or a memorandum of law or both, within ninety (90) days following the receipt by the court of the last of such submission, or;(c) If the court permits or requires oral argument, within ninety (90) days following the completion of oral argument, a notice that the court has not rendered its decision in the cause may be forwarded to the Presiding Justice by a single document signed by counsel for each party to the cause.(b) Administrative Appeals. No cause requiring the court to review the decision of a state or municipal agency shall be assigned to a justice unless the assignment to the justice is accompanied contemporaneously by the memorandum of law of each party and the entire record of the proceedings before the state or municipal agency. If the court has not rendered its judgment affirming, reversing or modifying the decision under review:
(1) Within ninety (90) days following the assignment, or; (2) In the event that the court requires the parties to submit proposed findings of fact and conclusions of law in accordance with Super. R. Civ. P. 52(a), within ninety (90) days following the receipt by the court of the last of such submissions, or;(3) If the court permits or requires oral argument, within ninety (90) days following the completion of oral argument, a notice that the court has not rendered its judgment in the cause may be forwarded to the Presiding Justice by a single document signed by counsel for each party to the cause. R. P. 2.9. PROCEEDING ON APPEAL FROM MASTER.
(a) Applicability. An appeal of the decision of any master 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 master 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 clerk of the Superior Court shall serve notice of the filing of a notice of appeal by mailing a copy thereof to counsel of record of each party other than the appellant. The clerk of 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 clerk of 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 County or the Superior Court Justice assigned to the civil calendar in the counties of Kent, Newport, or Washington shall assign the matter for hearing within sixty (60) days after the appellant files the required transcript with the clerk of 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 master. The justice, however, need not formally conduct a new hearing and may consider the record developed before the master, making his or her own determination based on that record whether there is competent evidence upon which the master's judgment, order or decree rests. The justice may also receive further evidence, recall witnesses or recommit the matter with instructions.