Rule 40.Assignment of Cases for Trial—Continuances.
Current through February 2024 · Last verified July 8, 2026
In one sentenceRule 40 governs how Rhode Island Superior Court cases get placed on the trial calendar and sets the standard for granting continuances, including the affidavit or physician's certificate needed to postpone a trial for an absent witness or a party's illness.
(a)Assignment of Cases for Trial. Cases may be assigned for trial or other disposition to the appropriate calendar:
(1)By order of the court including rules of practice and general orders adopted for the purpose of assignment; or
(2)By motion upon notice to the adverse parties. Precedence shall be given to actions entitled thereto by statute. However, no motion to assign a case for trial shall be made within forty (40) days of service of summons, complaint, and Language Assistance Notice on all necessary parties.
(b)Continuances. Continuances shall be granted only upon motion and for good cause shown and upon such terms and conditions as the court shall determine.
(c)Affidavit or Certificate in Support of Motion. The court need not entertain any motion for a continuance based on the absence of a material witness unless such motion be supported by an affidavit which shall state the name of the witness and, if known, the witness' address, the facts to which the witness is expected to testify and the basis for such expectation, the efforts which have been made to procure the witness' attendance or deposition, and the expectation which the party has of procuring the witness' testimony or deposition at a future time. Such motion may, in the discretion of the court, be denied if the adverse party will admit that the absent witness would, if present, testify as stated in the affidavit. A motion for a continuance on the ground of sickness of a party or witness shall be accompanied by a certificate of a practicing physician stating the fact of said sickness, and the kind, degree, and the time of beginning thereof. Such motion may be denied if the moving party shall not have notified the adverse party as soon as practicable of the illness and forthcoming motion for a continuance.
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 40 covers two related things: getting a case scheduled for trial and asking to delay it. Cases reach the trial calendar either through the court’s own scheduling orders and general rules of practice, or by a party’s motion filed on notice to the other side. Actions that a statute gives priority to move ahead of the line. One firm limit applies across the board: nobody can move to assign a case for trial until forty days have passed since the summons, complaint, and Language Assistance Notice were served on everyone who needs to be served.
Continuances are not automatic. Rule 40(b) requires a motion, good cause, and lets the court attach whatever terms and conditions it thinks fit.
When the reason for a continuance is a missing witness, Rule 40(c) demands more than a bare request. The moving party needs an affidavit naming the witness, giving the witness’s address if known, describing what the witness is expected to testify to and why the party expects that testimony, detailing the efforts already made to get the witness there or take a deposition, and stating the party’s expectation of getting that testimony or deposition later. The court can deny the motion outright if the other side agrees to admit that the witness would testify as described. A continuance sought because a party or witness is sick needs a practicing physician’s certificate spelling out the sickness, its degree, and when it started — and the court can deny that motion too if the party asking did not tell the other side about the illness and the coming motion as soon as practical.
Frequently Asked Questions
How soon can a case be assigned for trial in Rhode Island Superior Court?
Not within forty days of when the summons, complaint, and Language Assistance Notice were served on all the parties who need to be served. Rule 40(a) blocks any motion to assign a case for trial before that forty-day window closes.
What do I need to file to get a continuance for a missing witness?
An affidavit under Rule 40(c) that names the witness, gives the witness’s address if it’s known, explains what the witness is expected to say and the basis for that expectation, describes the efforts made to secure the witness’s attendance or deposition, and states when the party expects to get that testimony. The court can still deny the motion if the opposing side agrees to admit the witness would testify as described.
Does a doctor's note support a continuance for illness?
Rule 40(c) calls for more than a note — it requires a certificate from a practicing physician stating the fact of the sickness, its degree, and when it began. Even with that certificate, the court can deny the continuance if the party did not notify the other side of the illness and the planned motion as soon as practical.
Source & verification. The rule text is reproduced verbatim from the
official Rhode Island Superior Court Rules of Civil Procedure (R.I. Super. Ct. R. Civ. P. 40). 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 July 8, 2026. ·
Official source
Also known as:trial continuance rulespostponing a trialgetting a case on the trial calendaraffidavit for continuance missing witnessdoctor's note to delay trialassignment of cases for trial40 day rule trial