Introductory Notes on 1995 Amendments of the Discovery Rules
Historical preface to the discovery rules · Last verified September 2, 2026
Why this is hereThe Superior Court prints this
passage once, before Rule 26, rather than under any single rule. It explains why Rhode
Island renumbered its discovery rules in 1995 to line up with the federal ones, and shows
where each transferred provision went.
Full Text
At the time the Rhode Island Superior Court Rules of Civil Procedure were adopted in 1966, the discovery rules, Rules 26-37, were patterned generally upon the corresponding Federal Rules of Civil Procedure. Departures from the federal model were based in part upon proposed changes to the federal discovery rules which had not yet been adopted. Rules 26-37 of the Superior Court Rules of Civil Procedure have not been amended significantly since 1966.
In 1970 Rules 26-37 of the Federal Rules of Civil Procedure were amended extensively. Those 1970 amendments made substantial changes in the federal discovery rules, some of them along lines already adopted in Rhode Island. Further, the 1970 amendments restructured the federal discovery rules.
The present amendments to the Superior Court civil rules are designed to accomplish two purposes. First, the structure of the discovery rules is brought into conformity with the corresponding federal rules. Second, the committee has examined each rule specifically, proposing adoption of some of the federal changes, proposing retention of some of the Rhode Island variations, and proposing some new modifications based on the committee's perception of the needs of the Superior Court in light of its experience with the rules. Explanation of specific rule changes recommended are found in the Committee Note following each rule amended. Explanation of the 1970 amendments to the Federal Rules relating to discovery are detailed by the Advisory Committee in 48 Federal Rules Decisions, beginning at page 487.
Failure to rearrange the rules would perpetuate confusion resulting from the differences in numbering between the Federal and Rhode Island rules, a difference which has existed since 1970. Below is a table indicating where the transferred provisions have been placed.
Table Showing Rearrangement of Rules
| Existing Rule No. | Proposed Rule No. |
|---|---|
| 26(a) | 30(a) |
| 26(c) | 30(c) |
| 26(d) | 32(a) |
| 26(e) | 32(b) |
| 26(f) | 32(c) |
| 30(a) | 30(b), 26(d) |
| 30(b) | 26(c) |
| 31(d) | 26(c) |
| 32(a) | 32(e)(1) |
| 32(b) | 32(e)(2) |
| 32(c) | 32(e)(3) |
End
Source & verification. Reproduced verbatim from the Rhode Island
Superior Court Rules of Civil Procedure as published by the Supreme Court of Rhode Island (R.I. Gen. Laws § 8-6-2),
current through February 2024. Last verified September 2, 2026.
Official source.