Rule 5.Service and Filing of Pleadings and Other Papers.

Current through February 2024 · Last verified July 8, 2026

In one sentenceRule 5 spells out which papers filed after the initial complaint must be served on the other parties, how service and filing are accomplished, and what happens when a party fails to file a required paper on time.

Full Text of Rule 5

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(a) Service: When Required. Except as otherwise provided in these rules, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal, and similar paper shall be served upon each of the parties in accordance with Rule 1(b)(1)(I) and contain the certificate of service in Rule 1(b)(1)(B). Service by or upon those who are not Registered Users shall be in accordance with subdivision (b) and contain the certificate of service in Rule 1(b)(1)(B). No service need be made on parties in default for failure to appear except that motions for assessment of damages and pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in Rule 4.

(b) Making Service.

(1) Whenever under these rules service is required or permitted to made upon a party represented by an attorney, the service shall be made upon the attorney unless the court orders service on the party.

(2) For attorneys and self-represented litigants who are Registered Users, service is made electronically using the EFS.

(3) For incarcerated individuals, attorneys who are granted a waiver pursuant to Art. X, Rule 3(c) of the Rhode Island Supreme Court Rules Governing Electronic Filing, and self-represented litigants who do not elect to electronically file pursuant to Art. X, Rule 3(b), service under Rule 5(a) is made by:

(A) Delivering a copy to the person served by:

(i) Handing it to the person;

(ii) Leaving it at the person's office with a clerk or other person in charge or if no one is in charge, leaving it in a conspicuous place in the office; or

(iii) Leaving it at the person's dwelling house or usual place of abode with someone of suitable age and discretion residing there.

(B) Mailing a copy to the last known address of the person served. Service by mail is complete on mailing.

(c) Service: Numerous Defendants. In any action in which there are unusually large numbers of defendants, the court, upon motion or of its own initiative, may order that service of the pleadings of the defendants and replies thereto need not be made as between the defendants and that any cross-claim, counterclaim, or matter constituting an affirmative defense contained therein shall be deemed to be denied or avoided by all other parties and that the filing of any such pleading and service thereof upon the plaintiff constitutes due notice of it to the parties. A copy of every such order shall be served upon the parties in such manner and form as the court directs.

(d) Filing; Certificate of Service. All papers after the complaint required to be served upon a party, together with a Certificate of Service in accordance with Rule 1(b)(1)(B) shall be filed with the court within a reasonable time after service, but the following discovery requests and responses shall not be filed with the court until they are used in the proceeding or the court orders their filing:

(1) Interrogatories;

(2) Requests for documents or to permit entry upon land;

(3) Requests for admission;

(4) Answers and responses to items (1) through (3) above;

(5) Notices of deposition; and

(6) Transcripts of depositions. The court, on motion generally or in a specific case, or on its own initiative, may order the filing of such discovery materials. Notwithstanding anything in this Rule 5(d), any party pressing or opposing any motion for relief under Rules 26(c) or 37 shall file copies of the relevant portions of discovery materials with the court as exhibits to any such motion or opposition. If any moving party under Rule 56 or any opponent relies on discovery documents, copies of the pertinent parts thereof shall be filed with the motion or opposition.

(e) Filing With the Court Defined. The filing of pleadings and other papers with the court as required by these rules shall be made by filing them with the clerk of the court, except that the judicial officer may permit the papers to be filed with the judicial officer, in which event the judicial officer shall note the filing date and forthwith transmit them to the office of the clerk.

(f) Effect of Failure to File. If any party to an action fails to file within five (5) days after the service any of the papers required by this rule to be filed, the court, on motion of any party or of its own initiative, may order the papers to be filed forthwith, and if the order be not obeyed, the court may order them to be regarded as stricken and their service to be of no effect.

End

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

Once a case is underway, Rule 5 tells parties what they owe each other in paperwork. Every order that requires service, every pleading after the original complaint, discovery papers required to be served on a party, written motions other than those that may be heard without notice, and similar written notices, appearances, demands, and offers of judgment must be served on each party, with a certificate of service attached. A party in default for failing to appear generally does not need to be served, except for motions seeking assessment of damages or pleadings that raise new claims against them, which must be served the way a summons is served under Rule 4.

Service itself works differently depending on whether the recipient is a Registered User of the Electronic Filing System. Registered Users are served electronically through the EFS. Everyone else — incarcerated individuals, attorneys with an Article X waiver, and self-represented litigants who have not chosen to e-file — can be served by handing papers to the person, leaving them at an office or home with someone of suitable age and discretion, mailing a copy to their last known address, or by another method the court orders. Mailed service is complete the moment it is mailed. In cases with unusually large numbers of defendants, the court can excuse service between co-defendants and treat a filed pleading as denied or avoided by the others without further service.

Rule 5 also separates service from filing. Most served papers must then be filed with the court within a reasonable time, along with a certificate of service, but routine discovery — interrogatories, document requests, admission requests, the answers to each, deposition notices, and deposition transcripts — is not filed with the court unless it is used in the proceeding or the court orders it filed. Filing happens with the clerk, unless a judicial officer accepts papers directly and forwards them to the clerk’s office. If a party misses the five-day deadline to file a required paper after serving it, the court can order it filed at once, and if that order is ignored, the court can strike the paper and treat its earlier service as if it never happened.

Frequently Asked Questions

Which documents does Rule 5 require to be served on the other parties?

Rule 5(a) covers orders that require service, every pleading filed after the original complaint, discovery papers that must be served on a party, written motions other than those heard without notice, and written notices, appearances, demands, offers of judgment, and similar papers. Each must be served on every party and carry a certificate of service.

How is a paper served on someone who does not use the electronic filing system?

Rule 5(b)(3) allows service by handing the paper to the person, leaving it at their office with whoever is in charge (or in a visible spot if no one is), leaving it at their home with someone of suitable age and discretion, mailing it to their last known address, or by any other method the court orders. Service by mail is complete as soon as it is mailed.

Does every paper that gets served also have to be filed with the court?

Not always. Rule 5(d) requires most served papers to be filed within a reasonable time along with a certificate of service, but it exempts routine discovery — interrogatories, document requests, admission requests, the responses to them, deposition notices, and deposition transcripts — from filing until it is used in the proceeding or the court orders it filed.

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. 5). 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

Also known as: how to serve pleadings in Rhode Islandcertificate of service requirementsserving discovery in Rhode Islandfiling deadline for served papersRhode Island Rule 5 serviceelectronic service through the EFS