Frequently Asked Questions - District Court

Civil

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I have been served with a complaint and I know I owe the debt, what should I do?
You must file your answer to the complaint within twenty (20) days of being served. You can contact the plaintiff or the plaintiff’s attorney to set up payment arrangements. If you fail to answer the case or contact the attorney to set up payment arrangements, you may be defaulted and a judgment may enter against you.
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What do I do if I cannot make my court date?
You must notify the other party in writing at least ten (10) days in advance of the hearing date. You must notify the court as well. If an agreement cannot be reached, you must file a motion with proper notice to the other party. You must appear in court on the motion. If you do not receive a continuance before the hearing the case will proceed against you and a decision may be made against you in your absence.
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What should I do if I am going to be late for court?
You must call the Clerk’s Office as soon as possible. There is no guarantee the case will be held until you can appear.
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Do I need an attorney to file a civil case?
If you are a plaintiff in certain civil cases you do not need to be represented by an attorney. If you are a corporation, LLP, or LLC you may need to be represented by an attorney. You will, however, be expected to know the proper procedure for processing your case in the courtroom. The judicial officer is not there to assist you, and the clerk’s office cannot give you legal advice. At any time, you can, at your own expense, hire an attorney.
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Do I need an attorney to file a small claims case?
If you are a plaintiff and a corporation you only need to be represented by an attorney if you have assets over one million dollars ($1,000,000.00). If you file an affidavit stating that you are a corporation and have assets less than one million dollars ($1,000,000.00), you do not need to be represented by an attorney and can represent yourself.
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What do I bring to the hearing to prove my case?
You should bring an expert witness or other witnesses, documents, or any other evidence to prove your case to court. Failure to do so may result in an adverse decision against you, or having the case continued.
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How do I get a witness to court?
If your witness will not come to court voluntarily, you can obtain a witness subpoena from the Clerk’s Office. There is no fee for the subpoena, but you will have to pay a fee to the sheriff or constable to have the witness served.

Landlord/Tenant

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Do I need an attorney?
If you are a corporation, you will need to be represented by an attorney. If you are a property manager and not the owner of the property, you should speak with an attorney before filing your case or coming to court. If you are a self-represented plaintiff you will need to understand what is required of you at the time of your hearing. The clerk’s office is prohibited by law from giving legal advice.
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Will I know when my court date is?
The Clerk’s Office will assign a hearing date fourteen (14) to twenty-one (21) days from the filing of an eviction for non-payment of rent. Other evictions have hearing dates depending upon the type of eviction you are filing.
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What do I need to bring to the hearing?
You will be required to bring all documents or other evidence to support your case to the court on the hearing date. Failure to do so may result in an adverse decision against you, or having the case continued.
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What happens after I get judgment for possession?
You cannot act against your tenant for five (5) calendar days including Saturday, Sunday and holidays after the day of your hearing. This is an appeal period for the tenant. You may call the Clerk’s Office after the appeal period is over to see if the tenant appealed. If no appeal was filed, you can then obtain the execution to obtain possession of the property upon payment of the fees. If back rent is due, you are required to follow procedures within the legal limit of the law to collect this debt.
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As the tenant, how do I appeal the decision?
If you are the tenant and you want to file an appeal, you have five (5) calendar including Saturday, Sunday, and holidays after the date of your hearing to appeal the case to Superior Court. While the case is under appeal, you must continue to pay rent as the rent becomes due. If you fail to do so, your appeal may be dismissed in the Superior Court. You should contact Rhode Island Legal Services at (401) 274-2652 for more information.

Administrative Appeals

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Are there any fees associated with filing an appeal?
Yes, the fees are as follows: Department of Motor Vehicles appeals are $45.75; Rhode Island Traffic Tribunal appeals are $45.00 and are filed at the Rhode Island Traffic Tribunal; and all other appeal filing fees are $100.75. These fees are subject to change based on legislation. Indigent persons may file a Verified Motion to Proceed in Forma Pauperis. The Forma Pauperis Motion must be filed in person at the civil department of the Sixth Division District Court as the motion needs approval from a judicial officer.
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When will a decision be made on my appeal?
There are many separate elements involved before a decision is made on your appeal. The District Court cannot guarantee any set time frame. Please wait at least ninety (90) days to inquire about your case. Please call (401) 458-5224 to inquire about the status of your decision.
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Do I need to appear in court for this appeal?
For Department of Labor and Training and Rhode Island Traffic Tribunal appeals, only your attorney needs to appear for the hearing/conference. You are required to appear for the Department of Motor Vehicles Appeals.
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Do I need an attorney?
Employers and any LLC or LLP corporations must be represented by an attorney. For all other legal advice, please contact an attorney or Rhode Island Legal Services.
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How do I file an appeal?
All appeals are filed and heard at the Sixth Division District Court, Garrahy Judicial Complex, One Dorrance Plaza, Providence, Rhode Island 02903. Please file in person at the civil counter on the 3rd floor.
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How do I receive my decision?
Decisions will be mailed to all parties noticed on the appeal. Decisions are also available on the website.
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Can I appeal the District Court decision?
Yes. You may contact the Rhode Island Supreme Court for further appeals.

Pretrial Services

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What is Pretrial Services, and why was I referred?
Pretrial Services is the bail monitoring unit of the District Court. A judicial officer referred the case to Pretrial Services because the court has determined that imposing conditions on your release is appropriate to help ensure your return to court and minimize any possible risks to public safety.
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What are the possible conditions of bail that a judicial officer may recommend?
Every person released to the community on bail must keep the peace and be of good behavior and return for all scheduled court dates as required by the court. Some other conditions may include participation in substance abuse and mental health treatment, as recommended by the appropriate clinical providers. This referral may consist of a requirement to undergo random toxicology screens. You may also have a curfew or be prohibited from returning to certain places.
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Why was a No Contact Order imposed?
A No Contact Order is issued automatically if a person is charged with a domestic violence crime as a matter of law. This order is an essential part of your bail conditions. The order will remain in place for the whole time that your case(s) is pending and could become part of the sentence imposed in your case. Please refrain from having any contact with the victim, direct or indirect, by telephone, text, social media, or through third parties. Any contact with the victim can result in a new arrest and violation of your existing bail.
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If I am required to go to counseling, who pays?
You are responsible for any out-of-pocket costs for treatment, but the Pretrial Services Unit can assist you in applying for health insurance if you are eligible. The unit can also help you identify providers who may offer a sliding-scale fee if necessary.
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What happens if I do not comply with bail conditions?
The Pretrial Services Unit will make every effort to work with you. However, non-compliance can result in a technical bail violation, including bail revocation and you being held at the Adult Correctional Institutions (ACI).