Rule 5. Service and Filing of Pleadings and Other Papers

(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 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) Service: How Made.

(1) Whenever under these rules service is required or permitted to be made upon

a party represented by an attorney, the service shall be made upon the attorney unless

the court orders service on the party. Motions to withdraw by attorneys and

objections thereto must be served upon both the attorney and 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:

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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

(iii) Leaving it at the person's dwelling house or usual place of abode.

(B) Mailing a copy to the last known address of the person served. Service by

mail is complete on mailing.

(C) Any other means ordered by the court.

(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

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.