Rule 6.Time.

Current through February 2024 · Last verified September 12, 2026

In one sentenceRule 6 explains how to count a deadline, when the court may enlarge one, the ten-day notice a motion needs, and the single day added when service comes by mail or through the electronic system.

Full Text of Rule 6

Text sizeJump to: (a) (b) (c) (d)

(a) Computation. In computing any period of time prescribed or allowed by these rules, by order of court or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period is to be included, unless it is a Saturday, Sunday, or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday, nor a holiday.

(b) Enlargement. When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion:

(1) With or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order;

(2) Upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect; or

(3) Permit the act to be done by stipulation of the parties; but it may not extend the time for taking any action under Rules 52(b), 59(b), (d), and (e), and 60(b) except to the extent and under the conditions stated in them.

(c) For Motions — Affidavits. A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than ten (10) days before the time specified for the hearing, unless a different period is fixed by these rules or by order of the court. Such an order may for cause shown be made on ex parte application. When a motion is supported by affidavit, the affidavit shall be served with the motion; and, except as otherwise provided in Rule 59(c), opposing affidavits may be served no later than one (1) day before the hearing, unless the court permits them to be served at some other time.

(d) Additional Time After Electronic Service or Service by Mail. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served upon the party electronically or by mail, one (1) day shall be added to the prescribed period.

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

Counting under subdivision (a) is plain. Leave out the day of the act, event, or default that starts the clock, and count the last day, unless the last day is a Saturday, Sunday, or legal holiday — then the period runs to the end of the next day that is none of those. The same method governs periods set by these rules, by court order, and by statute.

Subdivision (b) is the extension provision, and the timing of the request changes what the court can do. Ask before the period runs out and the court may enlarge it for cause shown, with or without a motion or notice. Ask after it has run and the court may permit the act only where the failure to act came from excusable neglect. The court may also permit the act to be done by stipulation of the parties, which is one more thing the court allows for cause shown rather than a private agreement that moves the deadline on its own. One limit holds in every direction: the court may not extend the time for acting under Rule 52(b), Rule 59(b), (d) and (e), or Rule 60(b), except as those rules themselves allow.

Subdivision (c) governs motion practice. A written motion that is not heard ex parte, together with notice of the hearing, is served no later than ten days before the hearing unless these rules or a court order fix a different period, and an order fixing a different period may be made on an ex parte application for cause shown. An affidavit supporting the motion is served with the motion. Opposing affidavits may come as late as one day before the hearing, unless the court allows another time or Rule 59(c) provides otherwise.

Subdivision (d) holds the trap. When a party must act within a period after being served with a notice or paper, and that service came electronically or by mail, one day is added. One day, whichever way the paper arrived.

Frequently Asked Questions

How are deadlines counted in Rhode Island Family Court?

The day of the act, event, or default that starts the period is excluded and the last day is included. If the last day falls on a Saturday, Sunday, or legal holiday, the period runs to the end of the next day that is not one of those.

Can I get more time to do something in my Family Court case?

Yes, on cause shown. Rule 6(b) lets the court enlarge a period with or without a motion or notice if you ask before it expires, and the court may also permit an act to be done by stipulation of the parties.

My deadline already passed — is there anything I can do?

After the period runs out, the court may permit the act only on a motion showing that the failure to act was the result of excusable neglect. Some deadlines are beyond reach: the court may not extend the time for acting under Rule 52(b), Rule 59(b), (d) and (e), or Rule 60(b), except as those rules allow.

How far ahead of the hearing do I have to serve a motion?

A written motion that is not heard ex parte and the notice of hearing are served no later than ten days before the hearing, unless these rules or a court order set a different period. An order fixing a different period can be made on an ex parte application for cause shown.

How many extra days do I get when papers are served by mail or electronically?

One day is added to the prescribed period under Rule 6(d). That single day applies to electronic service and mail service alike, whenever you must act within a period that runs from being served.

Source & verification. The rule text is reproduced verbatim from the official Rhode Island Family Court Rules of Domestic Relations Procedure (R.Dom.Rel.P. 6). 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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