Current through February 2024 · Last verified July 8, 2026
In one sentenceRule 81 lists proceedings — probate appeals, condemnation, mechanics' lien petitions, receiverships, creditor assignments, tax-title foreclosures, naturalization, and habeas corpus — that these civil rules don't fully govern, while confirming they apply to District Court appeals, mandamus actions, and statutory terminology.
(1)These rules do not apply during the process and pleading stages to the following proceedings:
(A)Probate appeals;
(B)Proceedings in condemnation;
(C)Petitions for enforcement of mechanics' liens; and
(D)Statutory petitions for receiverships and for dissolution of corporations.
(2)These rules do not apply to the following proceedings:
(A)Assignments for benefit of creditors;
(B)Petitions for foreclosure of redemption of interests in land sold for nonpayment of taxes;
(C)Naturalization proceedings; and
(D)Prerogative writs except where governed by this rule or Rule 80.
(3)These rules do not apply to petitions for the writ of habeas corpus.
(b)District Court Appeals — Repleading, Discovery, Claim of Trial by Jury. Repleading is not required of either party in a civil action certified on appeal from a District Court unless the court so orders. Within ten (10) days after the action has been certified on appeal the plaintiff may serve an amended complaint to which the defendant shall respond under these rules. If there has been no repleading by the plaintiff within ten (10) days after certification on appeal, the defendant within an additional ten (10) days may present any additional defenses or counterclaims by motion or answer as provided in these rules. Thereafter amendments shall be permitted in accordance with these rules. In the absence of repleading all claims and defenses available to the parties in the District Court shall remain available on appeal. A party demanding a jury trial shall serve a demand therefor not later than ten (10) days after certification on appeal unless such demand was made in the District Court; a docket notation that the action is a jury case does not suffice.
The provisions of Rules 26 through 37, relative to discovery, shall not be applicable to actions certified on appeal from the District Court except upon order issued on notice and a showing that lack of discovery will result in an injustice or undue hardship. Material obtained by the use of discovery processes in the District Court may be used at the trial of such appeals to the same extent as if such discovery had taken place in this court pursuant to these rules.
(c)Writ of Mandamus. Actions to obtain relief by writ of mandamus shall be according to these rules.
(d)Terminology in Statutes. In applying these rules to any proceedings to which they are applicable, the terminology of any statute which is also applicable, where inconsistent with that in these rules, shall be taken to mean the device or procedure proper under these rules.
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 81 marks the boundary of these rules by listing proceedings that don't follow the ordinary civil rules, in whole or in part, and by confirming where the rules do apply.
Under subdivision (a)(1), the rules don't apply during the process and pleading stages of probate appeals, condemnation proceedings, petitions to enforce mechanics' liens, and statutory petitions for receiverships and for dissolving corporations. These case types start under their own statutory filing procedures rather than the standard complaint-and-answer process, though the rules can still take over once a case has moved past that early stage.
Under subdivision (a)(2), the rules don't apply at all to assignments for the benefit of creditors, petitions to foreclose the redemption of interests in land sold for nonpayment of taxes, naturalization proceedings, or prerogative writs — except where Rule 81 or Rule 80 itself governs a prerogative writ. Subdivision (a)(3) adds one more full exclusion: these rules don't apply to petitions for a writ of habeas corpus.
Subdivision (b) covers civil actions certified on appeal from District Court. Neither side has to replead unless the court orders it. The plaintiff has ten days after certification to serve an amended complaint, and if the plaintiff doesn't replead within that time, the defendant gets ten more days to raise additional defenses or counterclaims by motion or answer; after that, amendments follow the ordinary rules. If nobody repleads, every claim and defense available in District Court stays available on appeal. A jury demand is due within ten days of certification unless it was already made in District Court, and a docket notation calling the case a jury case isn't enough on its own. Discovery under Rules 26 through 37 generally doesn't apply to these appeals unless the court orders it on notice and a showing that skipping discovery would cause injustice or undue hardship, though material already obtained through District Court discovery can still be used at trial of the appeal.
Subdivision (c) puts actions for a writ of mandamus squarely under these rules. Subdivision (d) handles vocabulary: when a statute that also applies to a proceeding uses terms that clash with these rules, those terms are read to mean whatever device or procedure these rules use.
Frequently Asked Questions
Do the rules of civil procedure apply to my probate appeal or condemnation case?
Not during the process and pleading stages. Rule 81 excludes probate appeals, condemnation proceedings, mechanics' lien enforcement petitions, and statutory receivership or dissolution petitions from the rules at that stage, though the rules can still apply once the case has moved past initial pleading.
Do the civil rules apply to a habeas corpus petition?
No. Rule 81(a)(3) says these rules don't apply to petitions for a writ of habeas corpus.
If my case is appealed from District Court, do I have to refile my pleadings?
No, unless the court orders it. The plaintiff has ten days after certification to serve an amended complaint, and if there's no repleading, the defendant gets ten more days to raise new defenses or counterclaims, with every claim and defense available in District Court otherwise staying available on appeal.
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. 81). 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
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