(a) Superior Court Always Open. Subject to law the Superior Court shall be deemed always open for the purpose of filing any pleading or other proper paper, of issuing and returning process, and of making and directing all interlocutory motions, orders, and rules.
Rule 77.Superior Court and Clerks.
Current through February 2024 · Last verified July 8, 2026
In one sentenceRule 77 keeps the Superior Court itself always open, sets clerk's office hours and the clerk's authority to grant routine matters, and spells out how notice of orders is given and how written orders get entered.
Full Text of Rule 77
(b) Trials and Hearings; Orders in Chambers. All trials upon the merits shall be conducted in open court and so far as practicable in a regular court room. All other acts or proceedings may be done or conducted by a judicial officer in chambers, without the attendance of the clerk or other court officials.
(c) Clerk's Office and Orders by Clerk. The clerk's office for each county with a clerk or deputy clerk in attendance shall be open during business hours on all days except Saturdays, Sundays, and legal holidays. All motions and applications in the clerk's office for issuing process after the commencement of a lawsuit, for issuing final process to enforce and execute judgments, for entering defaults or judgments by default, and for other proceedings which do not require allowance or order of the court are grantable of course by the clerk; but the clerk's action may be suspended or rescinded by the court upon cause shown.
(d) Notice of Orders or Judgments. Immediately upon the entry of an order or judgment the clerk shall make a note in the docket. Such notation is sufficient notice for all purposes for which notice of the entry of an order is required by these rules; but any party may in addition serve a notice of such entry in the manner provided in Rule 5 for the service of papers. No notice need be served if an order or judgment is entered in open court in the presence of the parties or their attorneys.
Nothing contained herein shall modify or affect the provisions of Rule 77(f) with respect to notice.
(e) Transmittal of Papers. When a matter has been duly set down for hearing in a county other than that in which the action is pending, pleadings, motions, and papers to be filed in such case shall be filed in the office of the clerk for the county in which the case is pending.
When the court orders a change of venue such order shall include a direction to the clerk to that thereafter all papers shall be filed and all proceedings taken as if the action had been entered in the county to which it is transferred.
(f) Written Orders. Whenever a written order is required by the court, any interested party may file in the clerk's office an order carrying the same into effect with a Certificate of Service in accordance with Rule 1(b)(1)(B) that a copy has been sent to all the other parties. If only one (1) order is filed and no objection thereto be filed within four (4) days thereafter, the clerk shall enter the order. If more than one
(1) order is filed or if objection be filed within said four (4) days, the order shall be entered only by the court.
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 77 keeps the Superior Court itself always open, so a party can file a pleading or other paper, get process issued, or seek an interlocutory order at any time. Trials on the merits happen in open court, in a courtroom whenever practical, but a judicial officer can handle other acts or proceedings in chambers without the clerk or other court staff present.
The clerk's office keeps regular business hours and closes on Saturdays, Sundays, and legal holidays. Within that office, certain routine matters — issuing process after a suit has begun, issuing final process to enforce a judgment, entering defaults or default judgments, and other matters that don't need a court order — are grantable of course by the clerk, though the court can suspend or undo the clerk's action for cause shown.
The clerk notes the entry of every order or judgment in the docket right away, and that notation counts as sufficient notice for any rule requiring notice of entry — though a party can still serve a formal notice under Rule 5. No notice is needed at all if the order or judgment was entered in open court with the parties or their attorneys present.
When a case is heard in a different county than where it's pending, papers still get filed with the clerk for the county where the case is pending, and a venue change carries filing and proceedings over to the new county. For a written order, an interested party can file a proposed order with a certificate of service; if only one order is filed and no one objects within four days, the clerk enters it, but if more than one order is filed or an objection comes in within those four days, only the court can enter the order.
Frequently Asked Questions
Can I file a pleading with the court on a weekend or holiday?
The court itself is deemed always open for filing pleadings and other papers and for issuing process, so filings aren't blocked by the calendar. The clerk's physical office, though, keeps regular business hours and closes on Saturdays, Sundays, and legal holidays.
Does a judge have to sign off before the clerk enters a default judgment?
No. Rule 77(c) lets the clerk grant certain routine matters of course — including issuing process after a suit is filed, issuing final process to enforce a judgment, and entering defaults or default judgments — without a separate court order. The court can still suspend or undo the clerk's action if cause is shown.
How do I get a proposed order entered by the court?
File the order in the clerk's office along with a certificate of service showing it went to the other parties. If it's the only order filed and nobody objects within four days, the clerk enters it. If more than one order is filed, or someone objects within those four days, only the court can enter it.
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. 77). 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: is the courthouse open on weekendsclerk versus judge authority to sign ordershow to submit a proposed court orderdefault judgment entered by the clerknotice of a court order or judgmentclerk's office hours rhode island superior courttransferring case papers after a venue change