Rule 81.Applicability of Rules.
Current through February 2024 · Last verified September 12, 2026
Full Text of Rule 81
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
Rule 1 sets the base list of proceedings these rules cover. Rule 81 adds to it. Subdivision (a) applies the rules to Family Court proceedings under Chapter 11.1 of Title 15, Full Enforcement of Support Obligations, but the reach stops where that chapter provides a different procedure. There, the chapter controls.
Subdivision (c) handles mandamus. An action to obtain relief by writ of mandamus proceeds according to these rules, so the ordinary provisions on pleading, service and motion practice carry it.
Subdivision (d) is a translation rule. A statute that applies alongside these rules may use a different name for a step. When the statutory word clashes with the vocabulary of these rules, read it to mean the device or procedure that is proper under these rules. The catch sits in its opening words, which carve out subdivision (a). In support enforcement proceedings a differing statutory procedure is followed, not translated.
Subdivision (b) is reserved and does nothing.
Frequently Asked Questions
Do the Rhode Island Family Court rules apply to support enforcement cases?
Subdivision (a) applies these rules to Family Court proceedings under Chapter 11.1 of Title 15, Full Enforcement of Support Obligations. The reach stops where that chapter provides a different procedure, and there the chapter controls.
Can I bring a mandamus action under these rules?
Subdivision (c) says an action to obtain relief by writ of mandamus proceeds according to these rules. The rule prescribes no separate procedure for it.
A statute uses different words than the rules do, so which do I follow?
Subdivision (d) treats the statutory term as meaning the device or procedure that is proper under these rules whenever the two are inconsistent. You follow the procedure the rules set and read the statute's label onto it.
Does that translation rule apply to support enforcement proceedings?
No. Subdivision (d) carves out subdivision (a), so in Chapter 11.1 proceedings a differing statutory procedure is followed rather than converted into a rule-based one.
What is in subdivision (b) of Rule 81?
Subdivision (b) is reserved, so it carries no content and imposes nothing. The operative parts of Rule 81 are subdivisions (a), (c) and (d).