Current through February 2024 · Last verified September 12, 2026
In one sentenceRule 56 lets a party win a claim without a trial when no material fact is in dispute, and it excludes a claim for divorce from that motion.
(a)For Claimant. A party seeking to recover upon a claim, counterclaim, or cross-claim, other than for divorce, or to obtain a declaratory judgment may, at any time after the expiration of twenty (20) days from the commencement of the action or after service of a motion for summary judgment by the adverse party, move with or without supporting affidavits for a summary judgment in his favor upon all or any part thereof.
(b)For Defending Party. A party against whom a claim, counterclaim, or cross-claim, other than for divorce, is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for summary judgment in the party's favor as to all or any part thereof.
(c)Motion and Proceedings Thereon. The motion shall be served at least ten (10) days before the time fixed for the hearing. The adverse party prior to the day of hearing may serve opposing affidavits. The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages.
(d)Case Not Fully Adjudicated on Motion. If on motion under this rule judgment is not rendered on the whole case or for all the relief asked and a trial is necessary, the court at the hearing of the motion, by examining the pleadings and the evidence before it and by interrogating counsel or a self-represented litigant, shall if practicable ascertain what material facts are actually and in good faith controverted. It shall thereupon make an order specifying the facts that appear without substantial controversy, including the extent to which the amount of damages or other relief is not in controversy, and directing such further proceedings in the action as are just. Upon the trial of the action the facts so specified shall be deemed established, and the trial shall be conducted accordingly.
(e)Form of Affidavits; Further Testimony; Defense Required. Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of an adverse party's pleading, but an adverse party's response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If an adverse party does not so respond, summary judgment, if appropriate, shall be entered against the adverse party.
(f)When Affidavits are Unavailable. Should it appear from the affidavits of a party opposing the motion that he or she cannot for reasons stated present by affidavit facts essential to justify his or her opposition, the court may refuse the application for judgment or may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had or may make such other order as is just.
(g)Affidavits Made in Bad Faith. Should it appear to the satisfaction of the court at any time that any of the affidavits presented pursuant to this rule are presented in bad faith or solely for the purpose of delay, the court shall forthwith order the party employing them to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused the other party to incur, including reasonable attorney's fees, and any offending party or attorney may be adjudged guilty of contempt.
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
Start with what this rule leaves out. Subdivisions (a) and (b) both carve out a claim for divorce, so summary judgment is not available on the divorce itself. It reaches other claims, counterclaims and cross-claims, and it reaches a request for a declaratory judgment. Timing splits by side. A claimant must wait until 20 days after the action commenced, unless the other side has already served a summary judgment motion, in which case the claimant may move at once. A defending party may move at any time.
Subdivision (c) sets the mechanics. The motion is served at least 10 days before the time fixed for the hearing, and the adverse party may serve opposing affidavits any time before the day of hearing. Judgment is rendered forthwith if the pleadings, depositions, interrogatory answers, admissions on file and any affidavits show no genuine issue of material fact and a right to judgment as a matter of law. The court may decide liability alone and leave damages for trial.
Subdivision (d) covers the middle outcome, and it is the one people overlook. If the motion does not dispose of the whole case and a trial is still needed, the court examines the pleadings and the evidence and questions counsel or the self-represented litigant to find which material facts are in good faith controverted. It then orders which facts appear without substantial controversy, including how much of the damages or other relief is not in dispute. At trial those facts are deemed established, so a motion that loses can still cut down what has to be tried.
Subdivision (e) puts the weight on the party opposing. Affidavits must be made on personal knowledge, set out facts that would be admissible in evidence, and show the affiant is competent to testify to them, with sworn or certified copies of any paper referred to attached or served with them. Once a motion is made and supported, the adverse party cannot rest on the mere allegations or denials in a pleading. That party must set forth specific facts showing a genuine issue for trial, or judgment may be entered against them. Two safety valves close the rule: under subdivision (f) a party who explains by affidavit why essential facts are out of reach may get the motion refused, or continued for affidavits, depositions or discovery, or handled by another just order, and under subdivision (g) affidavits presented in bad faith or solely for the purpose of delay cost the offering party the other side's reasonable expenses caused by the filing, including reasonable attorney's fees, with the offending party or attorney open to being adjudged guilty of contempt.
Frequently Asked Questions
Can I get summary judgment in a divorce in Rhode Island family court?
Not on the divorce claim. Subdivisions (a) and (b) both exclude a claim for divorce from the motion. Other claims, counterclaims, cross-claims and requests for a declaratory judgment stay open to it.
When is the earliest I can file a motion for summary judgment?
If you are the one seeking relief, subdivision (a) makes you wait until 20 days after the action commenced, unless the adverse party has already served a summary judgment motion on you. A party defending against a claim may move at any time under subdivision (b).
How much notice does a summary judgment motion require?
Subdivision (c) requires service of the motion at least 10 days before the time fixed for the hearing. The adverse party may serve opposing affidavits any time before the day of the hearing.
Is it enough to deny the other side's claims in my answer?
No. Under subdivision (e), once the motion is made and supported you cannot rest on the mere allegations or denials in your pleading. Your response must set forth specific facts showing a genuine issue for trial, or summary judgment may be entered against you.
What happens if the motion is denied but some facts are not in dispute?
Subdivision (d) lets the court order which facts appear without substantial controversy, including how much of the damages or other relief is not in controversy. Those facts are deemed established at trial, and the trial is conducted accordingly.
Source & verification. The rule text is reproduced verbatim from the
official Rhode Island Family Court Rules of Domestic Relations Procedure (R.Dom.Rel.P. 56). 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
Also known as:summary judgment rhode island family courtcan you get summary judgment in a divorceten day notice summary judgment motionno genuine issue of material fact family courtaffidavit requirements summary judgment rhode islandbad faith affidavit sanctions family court