How to File a Lawsuit Without a Lawyer in Rhode Island: Pro Se Litigation Guide

Rhode Island calls the opening paper a complaint. Self-represented parties file in Superior Court (District Court for many civil claims). Individuals may appear pro se. Entities generally need Rhode Island counsel. That is what separates Rhode Island filing a lawsuit without a lawyer from a generic national summary. Read Rhode Island Superior Court Rules of Civil Procedure / District Court rules before the background sections below. E-filing: Odyssey File & Serve (Rhode Island). Self-represented e-filing is available in many matters; District Court small claims remains form-assisted. Service: Super. R. Civ. P. 4; District Court analogues. Small claims: District Court small-claims calendar (generally up to $5,000).

What is a statute, case, rule, and regulation?

Self-represented litigants lose cases when they confuse sources of law. Use these definitions when you research on LawDiver:

A winning Rhode Island theory usually needs all three of: (1) a substantive statute or common-law claim, (2) a pleading that satisfies the civil rules, and (3) admissible evidence under the Rhode Island Rules of Evidence.

Can you litigate pro se in Rhode Island?

Individuals may appear pro se. Entities generally need Rhode Island counsel.

Pro se (sometimes in propria persona or self-represented) means you speak for yourself. Courts often construe pro se papers liberally on formatting, but they do not invent claims you failed to plead, excuse missed statutes of limitation, or waive service defects. If a corporation is on the other side with counsel, you will still be held to the Rhode Island Superior Court Rules of Civil Procedure / District Court rules.

Rhode Island Judiciary self-help resources publish District Court forms.

Rhode Island opinions on pro se practice

John GRAY Et Al. v. STILLMAN WHITE CO., INC., Et Al.

John GRAY Et Al. v. STILLMAN WHITE CO., INC., Et Al., 1987 R.I. LEXIS 430 (1987)

…torney. The plaintiffs did not file an appeal but did file, pro se, several motions for relief from judgment on March 1, 1984, more than one year after the motion for summary judgment had been granted against them. Citing Superior Court Rules of Civil Procedure 60(b) and 62(b), plaintiffs’ motions assert as grounds both excusable neglect and newly discovered evidence. Approxima…

Rhode Island opinions such as John GRAY Et Al. v. STILLMAN WHITE CO., INC., Et Al. are cited where pro se is disputed. The court stated: "The plaintiffs did not file an appeal but did file, pro se, several motions for relief from judgment on March 1, 1984, more than one year after the motion for summary judgment had been granted against them." That is the language to brief; the rest of the decision supplies the procedural posture.

STATE v. Christopher S. THORNTON — Flanders, J., dissenting

STATE v. Christopher S. THORNTON — Flanders, J., dissenting, 2002 R.I. LEXIS 171 (2002)

…’s opinion. I believe that the Superior Court violated this pro se defendant’s Sixth Amendment rights in three specific ways. First, both state and federal precedent required the Superior Court to conduct at least some type of a Faretta31 inquiry with this indigent defendant after it allowed his first attorney to withdraw, appointed another attorney to represent him, and told h…

Rhode Island opinions such as STATE v. Christopher S. THORNTON — Flanders, J., dissenting are cited where pro se is disputed. The court stated: "I believe that the Superior Court violated this pro se defendant’s Sixth Amendment rights in three specific ways." That is the language to brief; the rest of the decision supplies the procedural posture.

Arnold L. SHORROCK v. Jonathan SCOTT

Arnold L. SHORROCK v. Jonathan SCOTT, 2008 R.I. LEXIS 46 (2008)

…The defendant, Jonathan Scott (defendant or Scott), appeals pro se from a Superior Court judgment in favor of the plaintiff, Arnold L. Shorrock (plaintiff or Shorrock), in an action for breach of contract. Judgment was entered for plaintiff on May 1, 2007, for $14,154, plus interest and plaintiffs costs. The defendant filed a notice of appeal on April 30, 2007. 1 The record ind…

On pro se, Arnold L. SHORROCK v. Jonathan SCOTT speaks to the Rhode Island dispute in this passage: "The defendant, Jonathan Scott (defendant or Scott), appeals pro se from a Superior Court judgment in favor of the plaintiff, Arnold L. Shorrock (plaintiff or Shorrock), in an action for breach of contract." The surrounding opinion shows how the court applied that language to the record.

STATE v. Arthur D’AMARIO, III

STATE v. Arthur D’AMARIO, III, 1999 R.I. LEXIS 18 (1999)

…defendant entered into a plea agreement that restricted his pro se access to the courts for a period of three years, an agreement that he later challenged. Following the trial justice’s denial of his motion to “correct an illegal sentence or to correct a sentence imposed in an illegal manner,” the defendant appealed. For the reasons stated below, we uphold the order as modified…

Rhode Island opinions such as STATE v. Arthur D’AMARIO, III are cited where pro se is disputed. The court stated: "Following the trial justice’s denial of his motion to “correct an illegal sentence or to correct a sentence imposed in an illegal manner,” the defendant appealed." That is the language to brief; the rest of the decision supplies the procedural posture.

Patricia A. BERARD v. RYDER STUDENT TRANSPORTATION SERVICES, INC.

Patricia A. BERARD v. RYDER STUDENT TRANSPORTATION SERVICES, INC., 2001 R.I. LEXIS 68 (2001)

OPINION PER CURIAM. The sufficiency and adequacy of a pro se complaint forms the gravamen of this appeal. The plaintiff, Patricia A. Berard, appeals from the granting of a motion to dismiss her complaint in favor of the defendant, Ryder Student Transportation Services, Inc. We assigned this case to the show cause calendar and directed both parties to show cause why the is…

On pro se, Patricia A. BERARD v. RYDER STUDENT TRANSPORTATION SERVICES, INC. speaks to the Rhode Island dispute in this passage: "OPINION PER CURIAM. The sufficiency and adequacy of a pro se complaint forms the gravamen of this appeal. The plaintiff, Patricia A. Berard, appeals from the granting of a motion to dismiss her complaint in favor of the defendant, Ryder Student Transportation Services, Inc." The surrounding opinion shows how the court applied that language to the record.

FIA CARD SERVICES, N.A. v. James D. PICHETTE; HSBC Bank Nevada, N.A. v. Robert L. Cournoyer; Discover Bank v. Diana

FIA CARD SERVICES, N.A. v. James D. PICHETTE; HSBC Bank Nevada, N.A. v. Robert L. Cournoyer; Discover Bank v. Diana, 116 A.3d 770 (2015)

…did not disclose their respective identities, on behalf of pro se defendants in three separate debt collection cases, a practice colloquially known as ghostwriting. 1 These appeals present two issues of first impression in Rhode Island: (1) whether Rule 11 of the Superi- or Court Rules of Civil Procedure applies to an attorney who authored a pleading but neither signed it nor…

FIA CARD SERVICES, N.A. v. James D. PICHETTE; HSBC Bank Nevada, N.A. v. Robert L. Cournoyer; Discover Bank v. Diana is worth reading on Rhode Island pro se because the court put the point in its own words: "did not disclose their respective identities, on behalf of pro se defendants in three separate debt collection cases, a practice colloquially known as ghostwriting. 1 These appeals present two issues of first impression in Rhode Island: (1) whether Rule 11 of the Superi- or Court" Use that passage as the starting point, then read the facts that precede it.

Gladys L. COK v. Paula READ

Gladys L. COK v. Paula READ, 770 A.2d 441 (2001)

…empt order, the motion justice conditionally restricted her pro se access to the Rhode Island Superior Court by barring her from appearing in any civil action as a plaintiff pro se for a period of one year. The plaintiff appeals pro se by challenging the propriety of that restriction. The case came before a single justice of .this Court, who directed the parties to appear and s…

Practitioners open Gladys L. COK v. Paula READ when Rhode Island pro se turns on the distinction in this sentence: "Rhode Island Superior Court by barring her from appearing in any civil action as a plaintiff pro se for a period of one year. The plaintiff appeals pro se by challenging the propriety of that restriction. The case came before a single justice of ." Do not lift it out of the facts the court was deciding.

Norman LAURENCE v. RHODE ISLAND DEPARTMENT OF CORRECTIONS Et Al.

Norman LAURENCE v. RHODE ISLAND DEPARTMENT OF CORRECTIONS Et Al., 2013 R.I. LEXIS 112 (2013)

…raised in this appeal should not summarily be decided. The pro se plaintiff, Norman Laurence (plaintiff or Laurence), appeals 1 from two orders entered in a civil action against the defendants: (1) an order denying his motion to proceed in forma pauperis, and (2) an administrative order restricting him from filing any pro se actions in Superior Court. Facts and Travel The plai…

Practitioners open Norman LAURENCE v. RHODE ISLAND DEPARTMENT OF CORRECTIONS Et Al. when Rhode Island pro se turns on the distinction in this sentence: "Norman Laurence (plaintiff or Laurence), appeals 1 from two orders entered in a civil action against the defendants: (1) an order denying his motion to proceed in forma pauperis, and (2) an administrative order restricting him from filing any pro se actions in Superior Court." Do not lift it out of the facts the court was deciding.

Role of the judge and the jury

• The judge decides questions of law: what the statute means, whether a pleading states a claim, which evidence is admissible, and how the jury (if any) is instructed. In bench trials and most small-claims matters, the judge also finds the facts.
• The jury decides disputed questions of fact in jury-eligible civil cases when a timely demand is made and any jury fee is paid.
• Demand a jury under applicable rules for eligible claims. Small claims are non-jury.

Practical tip: decide before filing whether you want a jury. Late demands are often waived. Small-claims paths (District Court small-claims calendar) usually trade speed for no jury and limited discovery.

A concrete Rhode Island scenario

Here is one way the Rhode Island pieces fit together. Change any fact and the statute may point somewhere else.

A person in Rhode Island wants to sue without a lawyer and has not yet filed anything.

1. Confirm you may appear without counsel: Individuals may appear pro se. Entities generally need Rhode Island counsel.
2. Draft a complaint and file it in Superior Court (District Court for many civil claims). E-filing: Self-represented e-filing is available in many matters; District Court small claims remains form-assisted.
3. Serve under Super. R. Civ. P. 4; District Court analogues. Serve under Rule 4 — personal service or authorized alternatives. File the return of service.
4. Expect discovery under Applicable civil rules govern discovery in Superior/District Court. A jury demand follows Demand a jury under applicable rules for eligible claims. Small claims are non-jury.

Missing service or a limitations deadline is not excused because the filer is pro se in Rhode Island. The evidence companion is the Rhode Island evidence guide.

Pleadings: complaint, answer, and motions

Pleadings are the formal papers that frame the lawsuit. In Rhode Island the plaintiff's opening paper is typically a complaint. It should:

1. Identify the parties and the court (Superior Court (District Court for many civil claims) or the small-claims forum).
2. Allege facts that, if true, entitle you to relief under a recognized claim.
3. Demand judgment (money, injunction, declaratory relief, or other remedies the court can grant).
4. Include a jury demand if you want one and the claim is jury-triable.

The defendant responds with an answer (admissions, denials, affirmative defenses) and/or a motion to dismiss challenging legal sufficiency, jurisdiction, or service. Later motions (compel discovery, summary judgment, limine) are usually not “pleadings” in the technical sense, but they drive most civil cases.

Rhode Island pleadings opinions

RHODE ISLAND AFFILIATE, AMERICAN CIVIL LIBERTIES UNION, INC. v. Arthur BERNASCONI

RHODE ISLAND AFFILIATE, AMERICAN CIVIL LIBERTIES UNION, INC. v. Arthur BERNASCONI, 1989 R.I. LEXIS 91 (1989)

…appeal from a Superior Court order granting the defendants’ motion to dismiss pursuant to Rule 12(b)(6) of the Superior Court Rules of Civil Procedure. The plaintiffs, Rhode Island Affiliate, American Civil Liberties Union (ACLU) and Steven Brown, Executive Director, contend that the trial justice erred in granting that motion. Initially, we shall discuss our standard of review…

On pleadings, RHODE ISLAND AFFILIATE, AMERICAN CIVIL LIBERTIES UNION, INC. v. Arthur BERNASCONI speaks to the Rhode Island dispute in this passage: "Superior Court order granting the defendants’ motion to dismiss pursuant to Rule 12(b)(6) of the Superior Court Rules of Civil Procedure." The surrounding opinion shows how the court applied that language to the record.

Henry Palazzo Et Ux. vs. the Big G Supermarkets, Inc.

Henry Palazzo Et Ux. vs. the Big G Supermarkets, Inc., 110 R.I. 242 (1972)

…rder entered in the Superior Court granting the defendant’s motion to dismiss. We reverse. The pertinent facts follow. In December, Í970, plaintiffs commenced this civil action for personal injuries allegedly sustained by plaintiff Lida Palazzo while she was an invitee on defendant’s premises and allegedly caused by the negligence of defendant in failing to provide a safe condi…

Rhode Island opinions such as Henry Palazzo Et Ux. vs. the Big G Supermarkets, Inc. are cited where pleadings is disputed. The court stated: "Superior Court granting the defendant’s motion to dismiss. We reverse. The pertinent facts follow." That is the language to brief; the rest of the decision supplies the procedural posture.

Cathy Lee BARRETTE v. Vincent John YAKAVONIS, M.D.

Cathy Lee BARRETTE v. Vincent John YAKAVONIS, M.D., 2009 R.I. LEXIS 31 (2009)

…2003 or 2004. At a hearing on February 6, 2007, defendant’s motion to dismiss was granted. Because the complaint failed to set forth any allegations relating to the discovery of plaintiffs alleged injuries that would have extended the period of limitations, the hearing justice dismissed the case and an order to that effect was entered on February 13, 2007. Thereafter, on March…

Cathy Lee BARRETTE v. Vincent John YAKAVONIS, M.D. is worth reading on Rhode Island pleadings because the court put the point in its own words: "At a hearing on February 6, 2007, defendant’s motion to dismiss was granted." Use that passage as the starting point, then read the facts that precede it.

Janina WACHSBERGER v. William PEPPER Et Al.

Janina WACHSBERGER v. William PEPPER Et Al., 1990 R.I. LEXIS 176 (1990)

…her action. In February 1989 the Peppers and Tenev filed a motion to dismiss based upon Rule 12(b)(6) of the Superior Court Rules of Civil Procedure. Wachsberger, admitting that her complaint insufficiently pleaded the allegation of fraud, filed a motion to amend her complaint. The amended complaint attempted to specify further the fraud alleged in the original complaint in ad…

Janina WACHSBERGER v. William PEPPER Et Al. is worth reading on Rhode Island pleadings because the court put the point in its own words: "In February 1989 the Peppers and Tenev filed a motion to dismiss based upon Rule 12(b)(6) of the Superior Court Rules of Civil Procedure. Wachsberger, admitting that her complaint insufficiently pleaded the allegation of fraud, filed a motion to amend her complaint." Use that passage as the starting point, then read the facts that precede it.

ST. JAMES CONDOMINIUM ASSOCIATION Et Al. v. Ken LOKEY Et Al.

ST. JAMES CONDOMINIUM ASSOCIATION Et Al. v. Ken LOKEY Et Al., 1996 R.I. LEXIS 166 (1996)

…ruary 16, 1994. The town and the building inspector filed a motion to dismiss plaintiffs' claims on February 17, 1994, invoking immunity from liability under the public-duty doctrine. In opposing defendants' motion, plaintiffs submitted to the trial justice two documents: an inspection form for one of the buildings in question that states, "Need smoke stops between units. Stair…

ST. JAMES CONDOMINIUM ASSOCIATION Et Al. v. Ken LOKEY Et Al. is worth reading on Rhode Island pleadings because the court put the point in its own words: "The town and the building inspector filed a motion to dismiss plaintiffs' claims on February 17, 1994, invoking immunity from liability under the public-duty doctrine." Use that passage as the starting point, then read the facts that precede it.

MULTI-STATE RESTORATION, INC., Et Al. v. DWS PROPERTIES, LLC

MULTI-STATE RESTORATION, INC., Et Al. v. DWS PROPERTIES, LLC, 2013 R.I. LEXIS 4 (2013)

…e hearing justice said that she was inclined to grant DWS’s motion to dismiss based on plaintiffs’ invoices that were attached to the complaint. Those invoices refer only to Shore as the customer, and not to DWS. The trial justice then went on to consider the contracts that Shore executed with plaintiffs that were not attached to their complaint. At the conclusion of the hearin…

MULTI-STATE RESTORATION, INC., Et Al. v. DWS PROPERTIES, LLC is worth reading on Rhode Island pleadings because the court put the point in its own words: "DWS’s motion to dismiss based on plaintiffs’ invoices that were attached to the complaint. Those invoices refer only to Shore as the customer, and not to DWS." Use that passage as the starting point, then read the facts that precede it.

William CHHUN Et Al. v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Et Al.

William CHHUN Et Al. v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Et Al., 2014 R.I. LEXIS 13 (2014)

…ntiffs), appeal from a Superior Court judgment granting the motion to dismiss of the defendants, Mortgage Electronic Registration Systems, Inc. (MERS), 1 Domestic Bank (Domestic), Aurora Loan Services, LLC (Aurora), and Deutsche Bank National Trust Company (Deutsche Bank) (collectively, defendants). After considering the written and oral arguments advanced by counsel, we are sa…

William CHHUN Et Al. v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Et Al. is worth reading on Rhode Island pleadings because the court put the point in its own words: "Superior Court judgment granting the motion to dismiss of the defendants, Mortgage Electronic Registration Systems, Inc. (MERS), 1 Domestic Bank (Domestic), Aurora Loan Services, LLC (Aurora), and Deutsche Bank National Trust Company (Deutsche Bank) (collectively, defendants)." Use that passage as the starting point, then read the facts that precede it.

How to file and serve in Rhode Island

Filing

1. Choose the correct forum: Superior Court (District Court for many civil claims) for larger or complex civil cases; District Court small-claims calendar when your claim fits generally up to $5,000.
2. Prepare the complaint (and any required cover sheet, civil case information statement, or summons).
3. Pay the filing fee or apply for a fee waiver / indigency finding as Rhode Island practice allows.
4. Obtain a signed summons (or local equivalent) from the clerk after the case is opened.

Governing procedure: Rhode Island Superior Court Rules of Civil Procedure / District Court rules.

Service of process

Filing alone does not start the clock against the defendant in a meaningful way — service does. Authority: Super. R. Civ. P. 4; District Court analogues.

Serve under Rule 4 — personal service or authorized alternatives. File the return of service.

Defective service is one of the most common reasons pro se cases are dismissed without prejudice (or worse, delayed until limitations problems appear). Keep copies of every affidavit or return.

Rhode Island service opinions

Hope E. Shannon vs. Norman Block, Inc. Et Al.

Hope E. Shannon vs. Norman Block, Inc. Et Al., 106 R.I. 124 (1969)

…the ground that the judgment was void because the sheriff’s service of process was improper and not in conformity with the law. Norman Block, Inc. is a Rhode Island corporation which operates a taxicab service in the city of Providence. On September 23, 1966, a cab driven by Ronald DeSiderato was involved in a collision with an automobile owned and operated by John E. Powers. T…

Rhode Island opinions such as Hope E. Shannon vs. Norman Block, Inc. Et Al. are cited where service of process is disputed. The court stated: "Norman Block, Inc. is a Rhode Island corporation which operates a taxicab service in the city of Providence. On September 23, 1966, a cab driven by Ronald DeSiderato was involved in a collision with an automobile owned and operated by John E. Powers." That is the language to brief; the rest of the decision supplies the procedural posture.

Joyce E. (Tibaldi) Caprio vs. Fanning & Doorley Construction Co., Inc. Et Al.

Joyce E. (Tibaldi) Caprio vs. Fanning & Doorley Construction Co., Inc. Et Al., 104 R.I. 197 (1968)

…ivil procedure to dismiss an action when a plaintiff issues service of process upon a defendant more than one year after the expiration period of the statute of limitations and more than one year after the filing of a complaint. We consider first the question concerning the statute of limitations. Under rule 3 of the rules of civil procedure of the superior court, an action can…

On service of process, Joyce E. (Tibaldi) Caprio vs. Fanning & Doorley Construction Co., Inc. Et Al. speaks to the Rhode Island dispute in this passage: "We consider first the question concerning the statute of limitations." The surrounding opinion shows how the court applied that language to the record.

Rubin PLUSHNER v. Sanford MILLS

Rubin PLUSHNER v. Sanford MILLS, 1981 R.I. LEXIS 1141 (1981)

…sized the principle that legislative enactments relating to service of process are to be followed and construed strictly, since jurisdiction of the court over the person of the defendant *446 is dependent upon proper service having been made.” Barthlein v. Ellis, 112 R.I. 646, 648, 314 A.2d 426, 427 (1974). However, “[i]n construing the [court] rules it has been our practice to…

On service of process, Rubin PLUSHNER v. Sanford MILLS speaks to the Rhode Island dispute in this passage: "Barthlein v. Ellis, 112 R.I. 646, 648, 314 A.2d 426, 427 (1974)." The surrounding opinion shows how the court applied that language to the record.

Thomas MAY v. PENN T v. & FURNITURE CO., INC., Et Al.

Thomas MAY v. PENN T v. & FURNITURE CO., INC., Et Al., 1996 R.I. LEXIS 320 (1996)

…against defendant Joseph Merolla III (Merolla) for lack of service of process. In February 1991 May filed and served a complaint against defendant Penn T.V. & Furniture Co., Inc. (Penn), for personal injuries May suffered in a November 1989 auto accident with a truck driven by an unidentified Penn employee. After May ascertained the employee’s identity, he amended his complain…

On service of process, Thomas MAY v. PENN T v. & FURNITURE CO., INC., Et Al. speaks to the Rhode Island dispute in this passage: "Joseph Merolla III (Merolla) for lack of service of process. In February 1991 May filed and served a complaint against defendant Penn T.V. & Furniture Co., Inc." The surrounding opinion shows how the court applied that language to the record.

Keri Ellen FLYNN v. Nicholas AL-AMIR

Keri Ellen FLYNN v. Nicholas AL-AMIR, 2002 R.I. LEXIS 236 (2002)

OPINION PER CURIAM. This appeal questions whether service of process by certified mad was adequate to support a default judgment for divorce. The defendant, Nicholas Al-Amir, appeals from an order denying his motion to vacate the judgment pursuant to Rule 60(b)(4) of the Family Court Rules of Procedure for Domestic Relations. He contends that the 1990 final judgment o…

Keri Ellen FLYNN v. Nicholas AL-AMIR is worth reading on Rhode Island service of process because the court put the point in its own words: "OPINION PER CURIAM. This appeal questions whether service of process by certified mad was adequate to support a default judgment for divorce." Use that passage as the starting point, then read the facts that precede it.

Raymond LAVEY, Administrator v. Richard A. LAVEY Et Al.

Raymond LAVEY, Administrator v. Richard A. LAVEY Et Al., 1988 R.I. LEXIS 144 (1988)

…itors. The sheriff’s return in the 1975 suit indicates that service of process on Richard was effectuated on July 28, 1975, by the sheriff leaving copies of the summons and complaint at Richard’s “usual place of abode,” to wit, 18 Greene Street in Warren, Rhode Island. Richard never filed an answer to the suit, and on August 20,1975, a default was entered against him. Later, in…

Practitioners open Raymond LAVEY, Administrator v. Richard A. LAVEY Et Al. when Rhode Island service of process turns on the distinction in this sentence: "The sheriff’s return in the 1975 suit indicates that service of process on Richard was effectuated on July 28, 1975, by the sheriff leaving copies of the summons and complaint at Richard’s “usual place of abode,” to wit, 18 Greene Street in Warren, Rhode Island." Do not lift it out of the facts the court was deciding.

Frank SOUZA v. ERIE STRAYER CO. Et Al.

Frank SOUZA v. ERIE STRAYER CO. Et Al., 1989 R.I. LEXIS 89 (1989)

…the complaint is filed. If a plaintiff fails to effectuate service of process within a reasonable time after the complaint has been filed, upon a defendant’s motion the court may exercise its discretion and dismiss the action. Caprio, 104 R.I. at 200, 243 A.2d at 741; Super. R. Civ. P. 41(b)(2). As previously stated, the underlying purpose of § 9-5-20 is to provide a plaintiff…

Rhode Island opinions such as Frank SOUZA v. ERIE STRAYER CO. Et Al. are cited where service of process is disputed. The court stated: "If a plaintiff fails to effectuate service of process within a reasonable time after the complaint has been filed, upon a defendant’s motion the court may exercise its discretion and dismiss the action. Caprio, 104 R.I. at 200, 243 A.2d at 741; Super. R. Civ. P. 41(b)(2)." That is the language to brief; the rest of the decision supplies the procedural posture.

David RICCI v. Sara RICCI

David RICCI v. Sara RICCI, 1997 R.I. LEXIS 67 (1997)

…excusable delay between the filing of the complaint and the service of process. Following a hearing, a motion justice dismissed the complaint and plaintiff appealed. Rule 4 of the Superior Court Rules of Civil Procedure was amended, effective September 5, 1995, to add subsection (l), which states that service of the summons and complaint shall occur “within 120 days after the c…

David RICCI v. Sara RICCI is worth reading on Rhode Island service of process because the court put the point in its own words: "Following a hearing, a motion justice dismissed the complaint and plaintiff appealed." Use that passage as the starting point, then read the facts that precede it.

Registering for e-filing

Rhode Island's primary electronic filing path is Odyssey File & Serve (Rhode Island).

How to register: Register for Rhode Island Odyssey e-filing, verify identity, and pay fees or seek a fee waiver.

Pro se reality check: Self-represented e-filing is available in many matters; District Court small claims remains form-assisted.

When you e-file:

• Use PDF/A or the portal's accepted formats; flatten forms before upload.
• Check that party names match the caption exactly.
• Calendar the clerk's acceptance email — a rejected filing is often treated as unfiled.
• Serve other parties under the rules (e-service through the portal may not replace initial service of process).

Discovery

After pleadings, parties exchange information. In Rhode Island:

Applicable civil rules govern discovery in Superior/District Court.

Typical tools:

• Interrogatories — written questions answered under oath.
• Requests for production — documents, ESI, and tangible things.
• Requests for admission — force yes/no authenticity or fact stipulations.
• Depositions — live testimony under oath (expensive; plan carefully if you are self-represented).

If the other side stonewalls, a motion to compel and, later, sanctions motions are the enforcement path. Courts expect meet-and-confer first in most jurisdictions.

Rhode Island discovery opinions

Debra N. PALMISANO Et Al. v. Bernard J. TOTH Et Al.

Debra N. PALMISANO Et Al. v. Bernard J. TOTH Et Al., 1993 R.I. LEXIS 132 (1993)

…ce regarding procedures to be followed during the course of discovery when a party seeking punitive damages requests disclosure of another’s financial assets. The facts of the underlying cause of action, as adduced by the pleadings, are as follows. On May 11, 1990, plaintiff Debra N. Palmisano (Debra) was employed as a waitress by Amscot, Inc., doing business as Old Mountain La…

Practitioners open Debra N. PALMISANO Et Al. v. Bernard J. TOTH Et Al. when Rhode Island discovery turns on the distinction in this sentence: "The facts of the underlying cause of action, as adduced by the pleadings, are as follows. On May 11, 1990, plaintiff Debra N. Palmisano (Debra) was employed as a waitress by Amscot, Inc." Do not lift it out of the facts the court was deciding.

E. David CORVESE, Ernest Corvese as Trustee of the E. David Corvese Irrevocable Trust, Beverly A. Mosher, Barbara

E. David CORVESE, Ernest Corvese as Trustee of the E. David Corvese Irrevocable Trust, Beverly A. Mosher, Barbara, 1997 R.I. LEXIS 2 (1997)

…t this time. This petition for certiorari seeks review of a discovery order entered by a justice of the Superior Court in the following circumstances. The underlying litigation consists of a civil action filed by former officers and shareholders of Payer Prescribing Information, Inc. (PPI), a corporation which had furnished informational products, marketing analysis, and consul…

Rhode Island opinions such as E. David CORVESE, Ernest Corvese as Trustee of the E. David Corvese Irrevocable Trust, Beverly A. Mosher, Barbara are cited where discovery is disputed. The court stated: "This petition for certiorari seeks review of a discovery order entered by a justice of the Superior Court in the following circumstances. The underlying litigation consists of a civil action filed by former officers and shareholders of Payer Prescribing Information, Inc." That is the language to brief; the rest of the decision supplies the procedural posture.

Sandra L. COLVIN v. Mary D. LERAS, M.D. Et Al.

Sandra L. COLVIN v. Mary D. LERAS, M.D. Et Al., 1999 R.I. LEXIS 143 (1999)

…n to compel more responsive answers. In granting or denying discovery motions, a Superior Court justice has broad discretion. See Corvese v. Medco Containment Services, Inc., 687 A.2d 880, 881 (R.I.1997). Moreover, this Court will not disturb a decision by a Superior Court justice relating to discovery save for an abuse of that discretion. Id. at 881-82; see also Kelvey v. Coug…

Practitioners open Sandra L. COLVIN v. Mary D. LERAS, M.D. Et Al. when Rhode Island discovery turns on the distinction in this sentence: "In granting or denying discovery motions, a Superior Court justice has broad discretion. See Corvese v. Medco Containment Services, Inc., 687 A.2d 880, 881 (R.I.1997)." Do not lift it out of the facts the court was deciding.

John MUMFORD Et Al., v. Matthew LEWISS

John MUMFORD Et Al., v. Matthew LEWISS, 1996 R.I. LEXIS 222 (1996)

…t the defendant, Matthew Lewiss, for failing to comply with discovery orders. After reviewing the parties’ memoranda, we conclude that the motion justice did not abuse his discretion in entering a final judgment dismissing plaintiffs’ complaint for their persistent failure to comply with their discovery obligations. This appeal arises out of a legal malpractice action filed by…

John MUMFORD Et Al., v. Matthew LEWISS is worth reading on Rhode Island discovery because the court put the point in its own words: "Matthew Lewiss, for failing to comply with discovery orders." Use that passage as the starting point, then read the facts that precede it.

Peggyann LIMOGES v. EATS RESTAURANT Et Al.

Peggyann LIMOGES v. EATS RESTAURANT Et Al., 1993 R.I. LEXIS 60 (1993)

…that eight hours at $125 per hour had been expended on the discovery issues. The plaintiff’s motion for a stay of the attorney’s fees was granted by the trial court and she then filed her petition for a writ of certiorari in this court. The writ was issued. The plaintiff argues on appeal that her objections to defendants’ requests and to the subsequent motion to compel were ju…

Peggyann LIMOGES v. EATS RESTAURANT Et Al. is worth reading on Rhode Island discovery because the court put the point in its own words: "The plaintiff’s motion for a stay of the attorney’s fees was granted by the trial court and she then filed her petition for a writ of certiorari in this court. The writ was issued." Use that passage as the starting point, then read the facts that precede it.

CASHMAN EQUIPMENT CORPORATION, INC. v. CARDI CORPORATION, INC. Et Al.

CASHMAN EQUIPMENT CORPORATION, INC. v. CARDI CORPORATION, INC. Et Al., 2016 R.I. LEXIS 71 (2016)

…Court. I Facts and Travel The civil action from which this discovery dispute evolved concerns work performed in the course of building the Sa-konnet River Bridge. Specifically, the case addresses, among' other issues, whether or not Cardi provided a defective cofferdam 2 design for that bridge-building project. On May 2, 2011, Cashman commenced the instant action setting forth…

Practitioners open CASHMAN EQUIPMENT CORPORATION, INC. v. CARDI CORPORATION, INC. Et Al. when Rhode Island discovery turns on the distinction in this sentence: "Court. I Facts and Travel The civil action from which this discovery dispute evolved concerns work performed in the course of building the Sa-konnet River Bridge." Do not lift it out of the facts the court was deciding.

Leona FREMMING v. Estelle TANSEY

Leona FREMMING v. Estelle TANSEY, 1993 R.I. LEXIS 167 (1993)

…capacity. After plaintiff’s attorney shed new light on the discovery proceedings, the trial justice reversed her earlier ruling. The trial justice subsequently denied defendant’s request and awarded plaintiff’s attorney costs in the amount of $325. The defendant argues before this court that her motion to compel production of documents was substantially justified and not made…

Rhode Island opinions such as Leona FREMMING v. Estelle TANSEY are cited where discovery is disputed. The court stated: "After plaintiff’s attorney shed new light on the discovery proceedings, the trial justice reversed her earlier ruling. The trial justice subsequently denied defendant’s request and awarded plaintiff’s attorney costs in the amount of $325." That is the language to brief; the rest of the decision supplies the procedural posture.

Ronald J. DeBIASIO v. GERVAIS ELECTRONICS CORPORATION

Ronald J. DeBIASIO v. GERVAIS ELECTRONICS CORPORATION, 1983 R.I. LEXIS 908 (1983)

…for 1978, the year he terminated his employment. During the discovery process, plaintiff requested that defendant produce copies of its income tax returns for the years 1973 through 1978. The defendant objected to the request, at which time plaintiff moved to compel production of the income tax returns. The motion was granted by the trial justice, and an order was entered requi…

Ronald J. DeBIASIO v. GERVAIS ELECTRONICS CORPORATION is worth reading on Rhode Island discovery because the court put the point in its own words: "During the discovery process, plaintiff requested that defendant produce copies of its income tax returns for the years 1973 through 1978. The defendant objected to the request, at which time plaintiff moved to compel production of the income tax returns." Use that passage as the starting point, then read the facts that precede it.

Rules of evidence (short tour)

Trials and many motion hearings are decided on admissible evidence, not on what you know happened. Rhode Island applies the Rhode Island Rules of Evidence. Core ideas:

• Relevance — does the proof make a fact of consequence more or less probable?
• Authenticity — is the exhibit what you claim it is?
• Hearsay — is an out-of-court statement offered for its truth, and if so, does an exception apply?
• Privileges — attorney-client, spousal, and other privileges can block inquiry even when the facts are relevant.

For a full Rhode Island walkthrough of hearsay, business records, authenticity, and depositions at trial, read the companion guide: Rhode Island Evidence Law: Admissibility, Hearsay, and Authenticity.

Summary judgment and other dispositive motions

Many civil cases never reach a jury. A party may move for summary judgment by showing there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law. Pro se litigants lose these motions when they respond with argument instead of affidavits, authenticated exhibits, and pinpoint record citations.

Rhode Island summary-judgment opinions

Ellen F. Steinberg and Tami A. Cox v. State.

Ellen F. Steinberg and Tami A. Cox v. State., 1981 R.I. LEXIS 1058 (1981)

…and for false imprisonment, upon the defendant’s motion for summary judgment pursuant to Rule 56 of the Superior Court Rules of Civil Procedure. *339 The plaintiffs filed a complaint in Superi- or Court alleging1 that on December 4,1978, they were arrested by the Rhode Island State Police without an arrest warrant and were not arraigned until some fifty hours later on December…

Practitioners open Ellen F. Steinberg and Tami A. Cox v. State. when Rhode Island summary judgment turns on the distinction in this sentence: "Rule 56 of the Superior Court Rules of Civil Procedure." Do not lift it out of the facts the court was deciding.

Christian P. BOURG v. BRISTOL BOAT CO., Et Al.

Christian P. BOURG v. BRISTOL BOAT CO., Et Al., 1998 R.I. LEXIS 11 (1998)

OPINION FLANDERS, Justice. When a motion for summary judgment has been filed and properly supported, a litigation death knell begins to toll. Unless the opposing parties — in this lawsuit a boatbuilder and its sundry corporate affiliates — can still this doleful dirge by showing the existence of a genuine issue of material fact, all legal clamor will soon subside…

On summary judgment, Christian P. BOURG v. BRISTOL BOAT CO., Et Al. speaks to the Rhode Island dispute in this passage: "OPINION FLANDERS, Justice. When a motion for summary judgment has been filed and properly supported, a litigation death knell begins to toll." The surrounding opinion shows how the court applied that language to the record.

Karl LUDWIG v. Frank J. KOWAL

Karl LUDWIG v. Frank J. KOWAL, 1980 R.I. LEXIS 1800 (1980)

…, the pleadings were amended, and Ludwig filed a motion for summary judgment predicated upon count 3 of his amended complaint which requested double damages in accordance with G.L. 1956 (1969 Reenactment) § 9-1-2, “Civil liability for crimes and offenses.” 1 After argument of counsel *300 and consideration of the parties’ affidavits, the court granted plaintiff’s motion; judgme…

Rhode Island opinions such as Karl LUDWIG v. Frank J. KOWAL are cited where summary judgment is disputed. The court stated: "Ludwig filed a motion for summary judgment predicated upon count 3 of his amended complaint which requested double damages in accordance with G.L. 1956 (1969 Reenactment) § 9-1-2, “Civil liability for crimes and offenses." That is the language to brief; the rest of the decision supplies the procedural posture.

Westinghouse Broadcasting Co., Inc. vs. Dial Media, Inc.

Westinghouse Broadcasting Co., Inc. vs. Dial Media, Inc., 122 R.I. 571 (1980)

…s civil action from an order of the Superior Court granting summary judgment in favor of the plaintiff, Westinghouse Broadcasting Co., Inc., on its book account claim. Although a counterclaim remains to be adjudicated, the trial justice, pursuant to Rule 54(b) of the Superior Court Rules of Civil Procedure, has expressly determined that there is no just reason for delay and has…

Rhode Island opinions such as Westinghouse Broadcasting Co., Inc. vs. Dial Media, Inc. are cited where summary judgment is disputed. The court stated: "Superior Court granting summary judgment in favor of the plaintiff, Westinghouse Broadcasting Co., Inc., on its book account claim." That is the language to brief; the rest of the decision supplies the procedural posture.

Industrial National Bank of Rhode Island vs. George Peloso, Sr.

Industrial National Bank of Rhode Island vs. George Peloso, Sr., 121 R.I. 305 (1979)

…uperior Court which granted the plaintiff bank’s motion for summary judgment in the total amount of $10,200 plus interest and costs in a civil action on a promissory note. The sole issue on appeal is whether the trial justice erred in granting the bank’s motion for summary judgment. On January 19, 1977, plaintiff bank filed a complaint to recover the principal and interest due…

Rhode Island opinions such as Industrial National Bank of Rhode Island vs. George Peloso, Sr. are cited where summary judgment is disputed. The court stated: "Court which granted the plaintiff bank’s motion for summary judgment in the total amount of $10,200 plus interest and costs in a civil action on a promissory note. The sole issue on appeal is whether the trial justice erred in granting the bank’s motion for summary judgment." That is the language to brief; the rest of the decision supplies the procedural posture.

Doreen M. LENNON v. Linda MacGREGOR Et Al.

Doreen M. LENNON v. Linda MacGREGOR Et Al., 1980 R.I. LEXIS 1860 (1980)

…ppeal brought by Doreen Lennon (plaintiff), from a grant of summary judgment in favor of Linda and Edwin MacGregor (defendants) by a justice of the Superior Court. The plaintiff argues that the personal injury release, upon which summary judgment was predicated, contained an ambiguity concerning whom the parties intended to release. Therefore, she contends a genuine issue of ma…

Rhode Island opinions such as Doreen M. LENNON v. Linda MacGREGOR Et Al. are cited where summary judgment is disputed. The court stated: "Doreen Lennon (plaintiff), from a grant of summary judgment in favor of Linda and Edwin MacGregor (defendants) by a justice of the Superior Court." That is the language to brief; the rest of the decision supplies the procedural posture.

ESTATE OF Louis J. GIULIANO, Sr., Et Al. v. Louis J. GIULIANO, Jr.

ESTATE OF Louis J. GIULIANO, Sr., Et Al. v. Louis J. GIULIANO, Jr., 2008 R.I. LEXIS 74 (2008)

…efendant, Louis J. Giuliano, Jr., appeals from the entry of summary judgment in favor of the plaintiffs, the Estate of Louis J. Giuliano, Sr., and Patricia Lett. This case came before the Supreme Court for oral argument on May 14, 2008, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not be summarily decided. After…

On summary judgment, ESTATE OF Louis J. GIULIANO, Sr., Et Al. v. Louis J. GIULIANO, Jr. speaks to the Rhode Island dispute in this passage: "Louis J. Giuliano, Jr., appeals from the entry of summary judgment in favor of the plaintiffs, the Estate of Louis J. Giuliano, Sr., and Patricia Lett." The surrounding opinion shows how the court applied that language to the record.

Barbara RUSTIGIAN D/B/A Castle Realty, v. John CELONA Et Al.

Barbara RUSTIGIAN D/B/A Castle Realty, v. John CELONA Et Al., 1984 R.I. LEXIS 539 (1984)

…red in Superi- or Court granting the plaintiff’s motion for summary judgment. The plaintiff is Barbara Rustigian, a real estate broker doing business as Castle Realty. She brought this action to recover a real estate brokerage commission pursuant to an agreement between the parties. The question is whether the trial justice erred in concluding that there was no genuine issue of…

Barbara RUSTIGIAN D/B/A Castle Realty, v. John CELONA Et Al. is worth reading on Rhode Island summary judgment because the court put the point in its own words: "Superi- or Court granting the plaintiff’s motion for summary judgment. The plaintiff is Barbara Rustigian, a real estate broker doing business as Castle Realty. She brought this action to recover a real estate brokerage commission pursuant to an agreement between the parties." Use that passage as the starting point, then read the facts that precede it.

How LawDiver can help

LawDiver is built for researching the same authorities a courtroom expects — not for inventing cites.

1. LawDiver search — From this guide page, the search rail is scoped to Rhode Island. Search phrases like pro se, service of process, motion to compel, or your statute number.
2. Corpus-linked opinions — Every case block above links to a /casedisplay opinion id that exists in LawDiver's caselaw corpus. Do not paste outside citations into filings unless you have verified them.
3. Statutes — Where Rhode Island codes are mirrored, open the linked statute sections from this article and read the live text before quoting.
4. GoodLaw / citator workflow — Before you rely on an older opinion, check how later Rhode Island cases treat it.
5. Evidence companion — Use the Rhode Island evidence guide when you are preparing exhibits or opposing a motion in limine.
6. AI research with grounding — Prefer tools that require retrieval from your matter and the LawDiver corpus over chatbots that invent case names.

LawDiver does not file documents for you, give legal advice, or replace a lawyer when the stakes, opposing counsel, or entity-representation rules require one.

Rhode Island case law highlights

Use the topic sections above for pro se practice, pleadings, service, discovery, and summary judgment. Re-run LawDiver searches before hearings — new published opinions appear continuously.

Checklist before you file in Rhode Island

1. Confirm you (not an entity) may appear pro se for this claim.
2. Pick District Court small-claims calendar vs Superior Court (District Court for many civil claims) based on amount and remedy.
3. Draft a complaint that states facts and a legal theory.
4. Register on Odyssey File & Serve (Rhode Island) (or confirm paper filing is allowed).
5. Arrange proper service under Super. R. Civ. P. 4; District Court analogues.
6. Calendar answer deadlines, discovery cutoffs, and any jury-demand deadline.
7. Research controlling Rhode Island cases and the Rhode Island Rules of Evidence on LawDiver.
8. Consider limited-scope or full representation if the other side has counsel or the claim exceeds small-claims complexity.

Key takeaways

• Individuals may appear pro se. Entities generally need Rhode Island counsel.
• Main trial forum: Superior Court (District Court for many civil claims). Smaller disputes often belong in District Court small-claims calendar (generally up to $5,000).
• Procedure: Rhode Island Superior Court Rules of Civil Procedure / District Court rules. Opening paper: a complaint.
• Service: Super. R. Civ. P. 4; District Court analogues. Serve under Rule 4 — personal service or authorized alternatives.
• E-filing: Odyssey File & Serve (Rhode Island). Self-represented e-filing is available in many matters; District Court small claims remains form-assisted.
• Pair this page with the LawDiver search rail (scoped to Rhode Island) and the Rhode Island evidence guide.

Primary search phrases this page targets: file a lawsuit without a lawyer Rhode Island; Rhode Island pro se; Rhode Island Odyssey e-filing; how to sue in Rhode Island.

Contents

• What is a statute, case, rule, and regulation?
• Can you litigate pro se in Rhode Island?
• Role of the judge and the jury
• Pleadings: complaint, answer, and motions
• How to file and serve in Rhode Island
• Registering for e-filing
• Discovery
• Rules of evidence (short tour)
• Summary judgment and other dispositive motions
• How LawDiver can help
• Rhode Island case law highlights
• Frequently asked questions

Frequently asked questions

How do I file a lawsuit without a lawyer in Rhode Island?

Prepare a complaint, file it in the correct Rhode Island court (Superior Court (District Court for many civil claims) or District Court small-claims calendar), pay or waive the fee, obtain a summons, and complete service under Super. R. Civ. P. 4; District Court analogues. Register for Odyssey File & Serve (Rhode Island) when e-filing is required or available.

What is the difference between a statute and a court rule?

A statute creates substantive rights and duties. A court rule (such as Rhode Island Superior Court Rules of Civil Procedure / District Court rules) controls procedure — captions, service, discovery, and trial mechanics. You usually need both.

Do I need to register for e-filing?

Self-represented e-filing is available in many matters; District Court small claims remains form-assisted. Registration steps: Register for Rhode Island Odyssey e-filing, verify identity, and pay fees or seek a fee waiver.

Will I get a jury?

Demand a jury under applicable rules for eligible claims. Small claims are non-jury.

What happens in discovery?

Applicable civil rules govern discovery in Superior/District Court.

How does LawDiver help a pro se litigant?

It lets you search and read Rhode Island opinions and statutes that actually exist in the LawDiver corpus, with links you can verify — reducing the risk of hallucinated citations — while you still remain responsible for filing, service, and courtroom advocacy.

Disclaimer

LawDiver publishes this guide for public legal-information and SEO education purposes. It is not a substitute for advice from a licensed Rhode Island attorney. Court rules, e-filing vendors, fee schedules, and jurisdictional limits change. Verify every citation and deadline against official Rhode Island sources and the live LawDiver corpus before relying on them in a filing.