State Court Stipulation and [Proposed] Order (General Civil)

STIPULATION AND [PROPOSED] ORDER

Rhode Island Superior Court — General Civil Matters

TEMPLATE INSTRUCTIONS

1. Replace all [\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_] and bracketed placeholder values with actual case information.
2. Review all Practice Notes and customize to your specific county location (Providence/Bristol, Kent, Washington, Newport).
3. Remove all practice notes and instructional text before filing.
4. File electronically through the Rhode Island Judiciary e-Filing system.
5. Have this document reviewed by qualified Rhode Island-licensed counsel before filing.

PART I — CAPTION AND ATTORNEY INFORMATION

STATE OF RHODE ISLAND
SUPERIOR COURT

[________________________________] COUNTY

Filing Attorney Information

PART II — STIPULATION

A. Recitals

The undersigned parties, through their respective counsel of record, hereby stipulate and agree as follows:

1. Parties and Representation. Plaintiff [________________________________] ("Plaintiff") is represented by [________________________________] of [________________________________], Rhode Island Bar No. [________________________________]. Defendant [________________________________] ("Defendant") is represented by [________________________________] of [________________________________], Rhode Island Bar No. [________________________________].

2. Procedural History. This action was commenced by the filing of the Complaint on [__/__/____]. Defendant filed an Answer on [__/__/____]. A Scheduling Order was entered on [__/__/____], establishing the following deadlines:

• Fact discovery cutoff: [__/__/____]
• Expert disclosure deadline: [__/__/____]
• Expert discovery cutoff: [__/__/____]
• Dispositive motion deadline: [__/__/____]
• Pretrial conference: [__/__/____]
• Trial date / Calendar call: [__/__/____]

3. Case Assignment. This case is assigned to:

☐ General Civil Calendar
☐ Business Calendar (Providence/Bristol County)
☐ Complex Litigation Calendar
☐ Arbitration Track
☐ Other: [________________________________]

4. Current Status. [________________________________]
   (Describe the current posture of the case, including discovery completed, depositions taken, motions filed or pending, and any other relevant procedural history.)

5. Basis for Stipulation. The parties have conferred in good faith and agree that the following modifications are warranted because: [________________________________]
   (State specific reasons justifying the stipulation. Rhode Island courts require good cause for modifications to scheduling orders.)

B. Stipulated Terms

NOW, THEREFORE, the parties stipulate and agree as follows:

Term 1. [________________________________]
(Example: "The deadline for completion of all fact discovery is extended from [__/__/____] to [__/__/____].")

Term 2. [________________________________]
(Example: "Expert disclosures pursuant to R.I. Super. Ct. R. Civ. P. 26(b)(4) shall be exchanged by [__/__/____], which is an extension from the current deadline of [__/__/____].")

Term 3. [________________________________]
(Example: "Dispositive motions shall be filed by [__/__/____], returnable in accordance with R.I. Super. Ct. R. Civ. P. 56.")

Term 4. [________________________________]
(Example: "The pretrial conference is rescheduled from [__/__/____] to [__/__/____].")

Term 5. [________________________________]
(Example: "Depositions of the following witnesses shall be completed by [__/__/____]: [list witnesses].")

Term 6. [________________________________]
(Additional terms as needed.)

C. Authority and Good Cause

This Stipulation is entered into pursuant to the following authority:

• R.I. Super. Ct. R. Civ. P. 29 (Stipulations Regarding Discovery Procedure): Unless the court orders otherwise, the parties may by written stipulation modify the procedures governing or limitations placed on discovery. A stipulation extending the time for any form of discovery must have court approval if it would interfere with any time set for completion of discovery, for hearing of a motion, or for trial.

• R.I. Super. Ct. R. Civ. P. 16 (Pre-Trial Procedure; Formulating Issues): The court may direct the attorneys for the parties to appear before it for a conference to consider simplification of the issues, amendments to the pleadings, the possibility of obtaining admissions of fact and of documents, limitation of the number of expert witnesses, and such other matters as may aid in the disposition of the action.

• R.I. Super. Ct. R. Civ. P. 6(b) (Enlargement of Time): When by these rules an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion order the period enlarged if request therefor is made before the expiration of the period originally prescribed.

• R.I. Super. Ct. Rules of Practice, Art. I: General rules governing Superior Court practice, including procedures for filing and service of documents.

Good cause exists because: [________________________________]
(Provide specific factual support demonstrating good cause for the requested modifications.)

D. Reservation of Rights

Except as expressly modified by this Stipulation:

1. All other deadlines and provisions of the Scheduling Order dated [__/__/____] remain in full force and effect.
2. All rights, claims, defenses, objections, and privileges of each party are expressly reserved.
3. Nothing in this Stipulation shall be construed as an admission of any fact, liability, or legal theory by any party.
4. This Stipulation shall not constitute a waiver of any party's right to seek additional or different relief from the Court.

E. Certifications

The parties represent and certify the following:

☐ This Stipulation is made in good faith and not for the purpose of unnecessary delay.

☐ The parties have conferred regarding the terms of this Stipulation.

☐ Each attorney signing this Stipulation is authorized to bind his or her respective client to the terms herein.

☐ The proposed modifications will not materially prejudice any party or interfere with the Court's calendar management.

☐ If this case is on the Business Calendar or Complex Litigation Calendar, the stipulated terms are consistent with the applicable case management procedures.

☐ The Stipulation has been signed by all parties or their authorized counsel of record.

F. Request for Entry of Order

The parties respectfully request that this Court approve the foregoing Stipulation, adopt its terms, and enter the accompanying [Proposed] Order.

PART III — SIGNATURES OF COUNSEL AND PARTIES

DATED: [__/__/____]

For Plaintiff:

[________________________________] (Firm Name)

By: [________________________________]
[________________________________] (Print Name)
Rhode Island Bar No. [________________________________]
[________________________________] (Address)
[________________________________], Rhode Island [____]
Telephone: [________________________________]
Email: [________________________________]
Counsel for Plaintiff [________________________________]

For Defendant:

[________________________________] (Firm Name)

By: [________________________________]
[________________________________] (Print Name)
Rhode Island Bar No. [________________________________]
[________________________________] (Address)
[________________________________], Rhode Island [____]
Telephone: [________________________________]
Email: [________________________________]
Counsel for Defendant [________________________________]

Additional Party (if applicable):

[________________________________] (Firm Name)

By: [________________________________]
[________________________________] (Print Name)
Rhode Island Bar No. [________________________________]
Counsel for [________________________________]

Self-Represented Party Signature (if applicable):

By: [________________________________]
[________________________________] (Print Name)
[________________________________] (Address)
[________________________________], Rhode Island [____]
Telephone: [________________________________]
Email: [________________________________]
Self-Represented ☐ Plaintiff / ☐ Defendant

PRACTICE NOTE: Electronic signatures ("/s/ Name") are accepted for documents filed through the Rhode Island Judiciary e-Filing system. All signatures must comply with the Rhode Island Judiciary's e-filing rules and user guide.

PART IV — [PROPOSED] ORDER

STATE OF RHODE ISLAND
SUPERIOR COURT

[________________________________] COUNTY

Upon consideration of the parties' Stipulation filed on [__/__/____], and good cause having been shown:

IT IS HEREBY ORDERED as follows:

1. The parties' Stipulation dated [__/__/____] is APPROVED and incorporated herein by reference.

2. [________________________________]
   (Mirror the specific stipulated terms as ordered relief.)

3. [________________________________]

4. [________________________________]

5. [________________________________]

6. All other provisions of the Scheduling Order dated [__/__/____], and all prior orders not expressly modified herein, remain in full force and effect.

7. The Clerk shall provide notice of this Order to all parties of record.

ENTERED as an Order of this Court this [____] day of [________________________________], 20[____].

[________________________________]
Associate Justice
Rhode Island Superior Court

PART V — CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a copy of the foregoing Stipulation and [Proposed] Order was served upon the following by the methods indicated:

Via Rhode Island Judiciary E-Filing System:

☐ [________________________________] (Attorney Name)
R.I. Bar No. [________________________________]
Counsel for [________________________________] (Party Name)
Email: [________________________________]

☐ [________________________________] (Attorney Name)
R.I. Bar No. [________________________________]
Counsel for [________________________________] (Party Name)
Email: [________________________________]

Via Alternative Service (for non-registered parties) per R.I. Super. Ct. R. Civ. P. 5(b):

☐ [________________________________] (Name)
[________________________________] (Address)
Method: ☐ U.S. First-Class Mail ☐ Hand Delivery ☐ Email to [________________________________]

☐ [________________________________] (Name)
[________________________________] (Address)
Method: ☐ U.S. First-Class Mail ☐ Hand Delivery ☐ Email to [________________________________]

By: [________________________________]
[________________________________] (Print Name)
Rhode Island Bar No. [________________________________]

PART VI — RHODE ISLAND PRACTICE NOTES

A. Court Structure

Rhode Island has a unified court system with the following structure for civil matters:

• Supreme Court — The state's appellate court. Rhode Island does not have an intermediate appellate court; all appeals go directly to the Supreme Court.
• Superior Court — The court of general jurisdiction for civil cases. Sits in four counties:
• Providence County (Providence) — Includes Bristol County matters. The busiest court location.
• Kent County (Warwick)
• Washington County (South Kingstown)

• Newport County (Newport)

• District Court — Limited civil jurisdiction (generally claims up to $10,000 in the general division, up to $5,000 in the small claims division).

B. Special Calendars and Case Assignment

Rhode Island Superior Court uses several specialized calendars:

• General Civil Calendar: Standard civil litigation matters.
• Business Calendar: Available in Providence/Bristol County for complex business and commercial disputes. Cases on this calendar are subject to enhanced case management procedures.
• Complex Litigation Calendar: For cases involving multiple parties, complex factual or legal issues, or significant public interest.
• Arbitration Track: Cases referred to court-annexed arbitration under R.I. Super. Ct. R. Civ. P. 23 (mandatory arbitration for cases with amounts in controversy under a specified threshold).

PRACTICE NOTE: If the case is assigned to the Business Calendar or Complex Litigation Calendar, additional case management requirements may apply. Stipulations should be tailored to the specific calendar's procedures.

C. Scheduling Orders and Pretrial Procedures

Under R.I. Super. Ct. R. Civ. P. 16:

• The court may direct attorneys to appear for a pretrial conference to consider simplification of issues, amendments to pleadings, possibility of obtaining admissions, limitation of expert witnesses, and other matters.
• Pretrial orders control the subsequent course of the action unless modified at trial to prevent manifest injustice.
• The answer must be filed within 20 days of service of the complaint.
• Summary judgment motions are governed by R.I. Super. Ct. R. Civ. P. 56, which requires that the motion be filed with supporting affidavits and materials.

D. Discovery Rules

Rhode Island Superior Court discovery is modeled closely on the Federal Rules of Civil Procedure:

• Rule 26 (General Provisions): Broad discovery scope; parties may obtain discovery regarding any matter not privileged which is relevant to the subject matter involved in the pending action.
• Rule 29 (Stipulations): Parties may stipulate in writing to modify discovery procedures, but court-set deadlines require court approval to extend.
• Rule 30 (Depositions Upon Oral Examination): Standard deposition rules.
• Rule 33 (Interrogatories): Interrogatories may be served after commencement of the action.
• Rule 34 (Production of Documents): Standard document production rules.
• Rule 36 (Requests for Admission): Standard admission request rules.

E. Electronic Filing

• The Rhode Island Judiciary operates an e-Filing system for electronic submission of court documents.
• E-filing is available for Superior Court civil cases.
• When filing a stipulation:
• Select the document type "Stipulation" or "Joint Stipulation"
• Upload the proposed order as a separate attachment
• Electronic notification is provided to all registered counsel
• Check the current e-filing user guide for document format requirements

F. Service Requirements Under Rule 5(b)

Under R.I. Super. Ct. R. Civ. P. 5(b), service of filings after the original complaint may be made by:

1. Delivering a copy to the attorney or party
2. Mailing a copy to the attorney's or party's last known address
3. Electronic service through the e-Filing system (for registered users)
4. If no address is known, leaving the copy with the clerk of court

Service by mail is complete upon mailing.

G. Rhode Island-Specific Terminology

• Rhode Island Superior Court judges hold the title of "Associate Justice" (not "Judge").
• The Chief Judge of the Superior Court is the "Presiding Justice."
• Civil cases are identified by "C.A. No." (Civil Action Number).
• Rhode Island has no intermediate appellate court; appeals from Superior Court go directly to the Rhode Island Supreme Court.

H. Filing Fees and Administrative Matters

• Stipulations generally do not require a separate filing fee beyond the initial case filing fee.
• If the stipulation includes a dismissal (R.I. Super. Ct. R. Civ. P. 41), verify applicable procedures.
• Court-annexed arbitration may apply to cases below the jurisdictional threshold; stipulations should account for arbitration deadlines if applicable.

I. Administrative Orders

The Rhode Island Superior Court periodically issues administrative orders governing court operations, scheduling, and procedures. Practitioners should check for current administrative orders (e.g., Superior-2025-14 and subsequent orders) that may affect filing procedures, calendar management, or case assignment.

SOURCES AND REFERENCES

• Rhode Island Superior Court Rules of Civil Procedure (February 2024 edition): https://www.courts.ri.gov/Courts/superiorcourt/Documents/SuperiorCourtRulesOfCivilProcedure.pdf
• Rhode Island Superior Court Rules of Practice: https://www.courts.ri.gov/Courts/superiorcourt/Documents/Rules-Superior_Court_Rules_of_Practice.pdf
• R.I. Super. Ct. R. Civ. P. 5(b) — Service of pleadings and other papers
• R.I. Super. Ct. R. Civ. P. 6(b) — Enlargement of time
• R.I. Super. Ct. R. Civ. P. 16 — Pre-trial procedure; formulating issues
• R.I. Super. Ct. R. Civ. P. 26 — General provisions governing discovery
• R.I. Super. Ct. R. Civ. P. 29 — Stipulations regarding discovery procedure
• R.I. Super. Ct. R. Civ. P. 41 — Dismissal of actions
• R.I. Super. Ct. R. Civ. P. 56 — Summary judgment
• R.I. Gen. Laws § 8-2-14 — Superior Court jurisdiction
• Rhode Island Judiciary: https://www.courts.ri.gov
• Rhode Island Superior Court Rules: https://www.courts.ri.gov/Legal-Resources/Pages/Superior-Court-Rules.aspx
• Rhode Island Judiciary E-Filing System: https://www.courts.ri.gov