Rule 73.Appeal from a Judgment, Order, or Decree of a General Magistrate or a Magistrate.
Current through February 2024 · Last verified September 12, 2026
Full Text of Rule 73
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) routes these appeals to the chief judge or the chief judge's designee, and it fixes the kind of review you get: appellate in nature and on the record. That single line shapes everything else. You are not retrying the case. You are showing that something in the existing record went wrong, using the evidence and testimony already there.
Subdivision (b) carries the deadline that decides most of these appeals. The Notice of Appeal goes to the Domestic Relations Clerk's Office within twenty days of entry of the judgment, order, or decree. Note the trigger: entry, not the day the magistrate announced the ruling from the bench. The notice must name the parties taking the appeal and identify what is being appealed, and the current form sits on the Judiciary's website under Public Resources, Forms. The chief judge may extend the time for filing for good cause, which is the only ground the rule names.
Two more twenty-day clocks follow. Under subdivision (f), the appellant orders a transcript of the parts of the proceedings the appellant deems necessary within twenty days of filing the notice. An appellee who thinks other parts belong in the record must order them immediately or seek an order making the appellant do it. Subdivision (e) says that, except where otherwise provided, the filings and exhibits admitted into evidence, the transcript of the proceedings, and the docket entries make up the record on appeal. Under subdivision (g), the appellant then has twenty days after the record is complete to file a statement of the issues and a memorandum of law, and the appellee has twenty days to respond.
The rest of the rule keeps the appeal moving. Subdivision (d) lets the chief judge or the designee enter a stay pending appeal, an injunction, a temporary restraining order, or other orders protecting the parties' rights until the appeal is heard and decided, which matters when support or custody is running under the order you are challenging. Subdivision (h) allows a conference to narrow the issues or explore settlement, and subdivision (i) leaves the chief judge or the designee free to alter any time frame in the rule when the interests of justice and equity require.
Frequently Asked Questions
How long do I have to appeal a magistrate's decision in Rhode Island Family Court?
Twenty days from entry of the judgment, order, or decree, with the Notice of Appeal filed in the Domestic Relations Clerk's Office. The chief judge may extend that time for good cause.
Who hears an appeal from a general magistrate in Family Court?
The appeal is referred to the chief judge or the chief judge's designee. The review is appellate in nature and on the record, so it is not a new trial with new testimony.
When do I have to order the transcript for the appeal?
Within twenty days of filing the Notice of Appeal, the appellant orders a transcript of the parts of the proceedings the appellant deems necessary. An appellee who wants other parts must order them immediately or ask for an order requiring the appellant to do so.
Can the magistrate's order be paused while my appeal is pending?
Subdivision (d) lets the chief judge or the designee enter a stay pending appeal, an injunction, a temporary restraining order, or other orders needed to protect the parties' rights until the appeal is heard and decided. The rule states no automatic stay, so nothing is paused by the act of appealing alone.
What do I file after the record on appeal is complete?
Within twenty days after the record is complete, the appellant submits a statement of the issues on appeal and a memorandum of law supporting the allegations of error. The appellee then has twenty days to respond.