Rule 5.Service and Filing of Pleadings and Other Papers.

Current through February 2024 · Last verified September 12, 2026

In one sentenceRule 5 sets which papers after the complaint must be served and filed, how service is made, which discovery materials stay out of the file, and what happens when a paper is served but never filed.

Full Text of Rule 5

Text sizeJump to: (a) (b) (i) (ii) (iii) (c) (d) (e) (f)

(a) Service: When Required. Except as otherwise provided in these rules, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal, and similar paper shall be served upon each of the parties in accordance with Rule 1(b)(1)(I) and contain the certificate of service in Rule 1(b)(1)(B). Service by or upon those who are not Registered Users shall be in accordance with subdivision (b) and contain the certificate of service in Rule 1(b)(1)(B). No service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in Rule 4.

(b) Making Service.

(1) Whenever under these rules 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 Art. 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 Art. X, Rule 3(b), service under Rule 5(a) 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

(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 upon mailing.

(c) Service: Numerous Defendants. In any action in which there are unusually large numbers of defendants, the court, upon motion or of its own initiative, may order that service of the pleadings of the defendants and replies thereto need not be made as between the defendants and that any cross-claim, counterclaim, or matter constituting an affirmative defense contained therein shall be deemed to be denied or avoided by all other parties and that the filing of any such pleading and service thereof upon the plaintiff constitutes due notice of it to the parties. A copy of every such order shall be served upon the parties in such manner and form as the court directs.

(d) Filing; Certificate of Service. All papers after the complaint required to be served upon a party, together with a Certificate of Service in accordance with Rule 1(b)(1)(B) shall be filed with the court within a reasonable time after service, but the following discovery requests and responses shall not be filed with the court until they are used in the proceeding or the court orders their filing:

(1) Interrogatories;

(2) Requests for documents or to permit entry upon land;

(3) Requests for admission;

(4) Answers and responses to items (1) through (3) above;

(5) Notices of deposition; and

(6) Transcripts of depositions.

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 Rule 5(d), any party pressing or opposing any motion for relief under Rule 37 shall file copies of the relevant portions of discovery materials with the court as exhibits to any such motion or opposition. If any moving party under Rule 56 or any opponent relies on discovery documents, copies of the pertinent parts thereof shall be filed with the 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 papers 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 papers required by this rule to be filed, the court, on motion of any party or of its own initiative, may order the papers 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.

End

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

Subdivision (a) draws the line. Every order that says it must be served, every pleading after the complaint unless the court orders otherwise because of numerous defendants, every discovery paper that must go to a party unless the court orders otherwise, every written motion other than one that may be heard ex parte, and every notice, appearance, demand, offer of judgment and similar paper goes to each party, with the certificate of service that Rule 1(b)(1)(B) describes. One exception saves work: a party in default for failure to appear gets nothing further, unless a pleading raises a new or additional claim for relief against that party, which must be served the way a summons is served under Rule 4.

Subdivision (b) says how. Where a party has an attorney, service goes to the attorney unless the court directs service on the party. Registered Users serve each other through the Electronic Filing System. Incarcerated individuals, attorneys with a waiver, and self-represented litigants who do not file electronically serve on paper — by handing the copy over, leaving it at the person's office with a clerk or person in charge, leaving it at the dwelling with someone of suitable age and discretion who lives there, or mailing it to the last known address, and the court may order any other means. Mailed service is complete when it is mailed, not when it arrives.

Subdivision (d) starts from the opposite premise. Every paper after the complaint that must be served is filed with the court, with its certificate of service under Rule 1(b)(1)(B), within a reasonable time after service. Then it carves out discovery. Interrogatories, document and entry requests, requests for admission, the answers and responses to all three, deposition notices, and deposition transcripts are not filed until they are used in the proceeding or the court orders it. Two situations flip that back. Anyone pressing or opposing a Rule 37 discovery motion files the relevant portions as exhibits, and anyone relying on discovery documents in a Rule 56 summary judgment motion or opposition files the pertinent parts with it.

Subdivision (f) supplies the deadline people miss. A party who does not file a required paper within five days after serving it can be met with an order to file it at once, and disobeying that order lets the court treat the paper as stricken and the service as having no effect.

Frequently Asked Questions

Do I have to send the other side a copy of every motion I file?

Yes, unless the motion is one that may be heard ex parte. Rule 5(a) requires service of written motions, pleadings after the complaint, orders that call for service, and similar papers on each party, with a certificate of service attached.

Are interrogatories and deposition transcripts filed with the Rhode Island Family Court?

No, not at first. Rule 5(d) holds interrogatories, document requests, admission requests, the answers to them, deposition notices, and transcripts out of the file until they are used in the proceeding or the court orders them filed. They do go in as exhibits when a party presses or opposes a discovery motion under Rule 37 or relies on them under Rule 56.

Do I still have to serve papers on a party who never showed up?

No service is needed on parties in default for failure to appear. The exception is a pleading that asserts a new or additional claim for relief against them, which has to be served the way Rule 4 provides for a summons.

When is service by mail complete in Family Court?

Service by mail is complete upon mailing under Rule 5(b)(3)(B). The copy goes to the last known address of the person served, and the clock does not wait for delivery.

What happens if I serve a paper and forget to file it with the court?

Rule 5(f) lets the court, on a party's motion or on its own, order a paper filed at once if it has not been filed within five days after service. If that order is ignored, the court may treat the paper as stricken and its service as having no effect.

Source & verification. The rule text is reproduced verbatim from the official Rhode Island Family Court Rules of Domestic Relations Procedure (R.Dom.Rel.P. 5). Prescribed by the Supreme Court of Rhode Island (R.I. Gen. Laws § 8-6-2). The plain-English summary is original and written by us. Last verified September 12, 2026. · Official source

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