District Court

The following is general information on civil matters that are heard in the District Court. As the clerks offices are prohibited from giving legal advice, you are advised to consult an attorney or Rhode Island Legal Services on how to proceed with any legal actions.

A civil action is commenced by filing a complaint with the court with payment of the filing fee as prescribed by law and by delivery of the complaint and summons to an officer for service.

Personal service of a summons and complaint sh​all be made in the following manner:

1. Upon an individual other than an incompetent person by delivering a copy to the defendant personally;
2. By serving copies at the defendant’s dwelling house or usual place of abode with a person of suitable age and discretion residing therein;
   
3. Delivering a copy to an agent authorized by appointment or by law to receive service of process;
4. Upon a person for whom a guardian or conservator has been appointed;
5. Upon a private corporation, domestic or foreign, by delivering a copy to an officer, a managing or general agent, or by leaving a copy at the office of the corporation with a person employed therein; or
6. Upon a public corporation, body, or authority by delivering a copy to any officer, director, or manager thereof. 

Service of a summons can be made by using the following methods:

1. A deputy sheriff from the Rhode Island Sheriffs’ Department; or 
2. A constable licensed by the Department of Business Regulation.

For alternative ways that service can be done, please seek guidance from an attorney. After service has been made, the original summons must be returned to the appropriate clerk’s office as proof that service has been made.

The defendant(s) should answer the complaint by stating in short and plain terms any and all defenses by admitting or denying the claims brought by the plaintiff(s). The answer must be filed with the clerk of the court no later than twenty (20) days from the date of the service of summons and complaint. Failure to answer the complaint will result in a Judgment by Default against the defendant(s).

 As used in District Court Civil Rule 54(a), a “Judgment” is the formal disposition of a claim by the court. The following are some types of judgments:

1. Default - When a party whom a judgment is sought has failed to plead or otherwise defend;
2. Summary - Either party seeks to recover upon a claim(s) by motioning the court, when there is not a question of fact, judgment may enter on a motion;
3. After Trial - Subject to the provisions of District Court Civil Rule 54; and
4. By Agreement - Subject to the provisions of District Court Civil Rule 54.

A party may appeal to the Superior Court by filing a notice of appeal with the Clerk of the District Court in accordance with the applicable statutory law, together with the costs and bond, if any, required by law.

1. Execution - To enforce a judgment for the payment of money shall be a Writ of Execution.
2. Citation in Supplementary Proceedings - An order issued by the clerk and served upon a debtor after a Writ of Execution has been returned unsatisfied. A hearing shall be conducted by the court to examine the defendant/judgment debtor’s circumstances on the ability to pay the judgment. Failure to appear may result in a body attachment to be issued.
3. Enforcement - When a debtor fails to comply with an installment on payments a Motion to Adjudge in Contempt shall be scheduled. Failure to appear may result in a body attachment to be issued. ​