Rule 3.Commencement of Action.
Current through February 2024 · Last verified September 12, 2026
Full Text of Rule 3
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
A Family Court case begins when the papers reach the court, not when the other side learns about it. Rule 3 asks for three things together: the complaint, all other required documents, and the fees the law prescribes. A package missing one of those pieces has not commenced an action.
Most filers send that package through the Judiciary's Electronic Filing System, because Rule 1 makes electronic filing mandatory for them. Rule 3 names three groups who may still use paper: incarcerated individuals, attorneys granted a waiver under the Supreme Court's rules governing electronic filing, and self-represented litigants who do not elect to file electronically.
Those filers choose between two routes. They can deposit the complaint, the other required documents, and the fee in the mail addressed to the clerk, or they can file the same package at the clerk's office. Either way, filing fixes the start of the case. What comes next — the summons and service on the defendant — runs under Rule 4.
Frequently Asked Questions
How do I start a divorce case in Rhode Island Family Court?
You commence the action by filing a complaint along with all other required documents and the fees prescribed by law. Rule 3 treats those items as one package, so the case starts when the complete package is filed.
Can I mail my complaint to the Family Court clerk instead of filing online?
Rule 3 allows mailing only for incarcerated individuals, attorneys granted an electronic filing waiver under the Supreme Court's rules, and self-represented litigants who do not elect to file electronically. Those filers may mail the complaint and required documents to the clerk with the fee, or file them at the clerk's office.
Does my case begin when I file or when my spouse is served?
Filing is what commences the action under Rule 3. Service on the other party is governed by Rule 4 and happens after the court accepts the filing and issues a summons.
What happens if I file the complaint without the fee or without all the required documents?
The action has not been commenced. Rule 3 commences a civil action on the filing of the complaint and all other required documents together with the fees prescribed by law, so an incomplete package does not start the case.
What are the other required documents Rule 3 mentions?
Rule 3 does not name them, and the set is not the same in every case. What the rule fixes is the consequence: nothing is commenced until the complaint, the rest of the required documents, and the fee are filed together. The Family Court's filing requirements for the type of case supply the list.