The Rhode Island motion to dismiss: twenty days to answer, ten after a denial
Rhode Island procedure · Last verified August 17, 2026
Rhode Island's Rule 12 keeps the older federal wording and a short calendar: 20 days to answer, 10 days after a denial.
The deadlines
| Event | Time |
|---|---|
| Answer a complaint | 20 days from service |
| After a denied motion, or a deferral to trial | 10 days |
| After a granted more-definite-statement motion | 10 days |
The seven defenses
R.I. Super. Ct. R. Civ. P. 12(b):
the following defenses may at the option of the pleader be made by motion: (1) Lack of jurisdiction over the subject matter; (2) Lack of jurisdiction over the person; (3) Improper venue; (4) Insufficiency of process; (5) Insufficiency of service of process; (6) Failure to state a cl
The classic seven, with venue at (3).
Where this connects
Rhode Island gives a defendant who has appeared ten days' written notice before a default judgment hearing — the longest such period in the country — and bars any default judgment until a military service affidavit is filed on personal knowledge. See setting aside a Rhode Island default judgment.
For the answer itself, see responding to a Rhode Island complaint.
How Rhode Island compares
| Rhode Island | Massachusetts | Connecticut | Federal | |
|---|---|---|---|---|
| Time to answer | 20 days | 20 days | — | 21 days |
| After a denied motion | 10 days | — | — | 14 days |
| Enumerated grounds | seven | seven | motion to strike | seven |
| Venue inside the rule | yes | yes | — | yes |
A short checklist
- Diarise 20 days from service.
- Move before you plead if a further pleading is permitted.
- Put every available ground in one motion. Joining waives nothing.
- Plan for 10 days to answer if the motion is denied.
- Watch for conversion if you attach material outside the pleadings.
Where these rules live
- R.I. Super. Ct. R. Civ. P. 8 — General Rules of Pleading
- R.I. Super. Ct. R. Civ. P. 12 — Defenses and Objections
- R.I. Super. Ct. R. Civ. P. 15 — Amended and Supplemental Pleadings
- R.I. Super. Ct. R. Civ. P. 56 — Summary Judgment
This page explains what the rules say. It isn't legal advice, and the standard for dismissal under Rule 12(b)(6) is developed in case law this site doesn't cover.