Rhode Island Answer to a Complaint

Introduction

Key Things to Know

1. 1

   Your deadline is twenty days. Under Super. R. Civ. P. 12(a)(1)(A) your answer is due within twenty days after the summons, complaint, Language Assistance Notice, and other required documents are served on you, and the District Court uses the same twenty-day window under Dist. R. Civ. P. 12(a)(1).

2. 2

   The twenty days are counted as calendar days. Under Super. R. Civ. P. 6(a) the day of service is not counted, and the last day counts unless it falls on a Saturday, Sunday, or legal holiday, in which case the period runs to the next business day. There is no short-window business-day exclusion for a twenty-day period.

3. 3

   Small claims still requires a written answer. Under Dist. Ct. R. Small Claims P. 2.05 a defendant must file a written Defendant's Answer within twenty days, and the clerk assigns the trial date only after that answer is filed, so appearing on a hearing date alone is not enough.

4. 4

   Eviction deadlines depend on the ground. Under R.I. Gen. Laws Sec. 34-18-56, an eviction for noncompliance or unlawful holdover requires you to file the enclosed answer within twenty days, while an eviction for nonpayment of rent requires the answer at or before the hearing date stated in the summons.

5. 5

   There is usually no statewide form for the answer itself. For a general civil case you type the answer on 8.5 by 11 paper with a caption that complies with Super. R. Civ. P. 10(a) and file it with the clerk named in the summons; the small claims division provides its own Defendant's Answer form.

6. 6

   There is no fee to file an answer, and a waiver exists. The answer filing fee is $0. If you cannot afford court fees, you can file a Motion, Affidavit, and Order to Proceed In Forma Pauperis based on indigency or inability to pay.

7. 7

   A related claim may be compulsory. Under Super. R. Civ. P. 13(a) a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim must be stated in your answer, and the statute of limitations on a written contract is ten years under R.I.G.L. Sec. 9-1-13(a).

Rhode Island Requirements for Answer to a Complaint

• Twenty-Day Answer Deadline

  In a general civil case your answer is due within twenty days after the summons, complaint, and other required documents are served on you, under Super. R. Civ. P. 12(a)(1)(A), and the District Court applies the same twenty-day rule under Dist. R. Civ. P. 12(a)(1). The days are calendar days under Super. R. Civ. P. 6(a), with the last day extended to the next business day if it falls on a weekend or holiday.

• Small Claims Answer Required

  Unlike many states, Rhode Island requires a written Defendant's Answer in small claims within twenty days under Dist. Ct. R. Small Claims P. 2.05, and the clerk assigns the trial date only after that answer is filed. If a defendant fails to answer after proper service, the court automatically enters a default and judgment under Rule 6.01.

• Typed Pleading and Caption

  There is no single statewide form for a general civil answer, so type the answer on 8.5 by 11 paper with a caption that complies with Super. R. Civ. P. 10(a), naming the court, the parties, and the case number, and titling it Defendant's Answer. The small claims division provides its own official Defendant's Answer form.

• File With the Court Clerk

  File your answer with the clerk of the court named in the summons. General civil cases are heard in the District Court up to $10,000 and the Superior Court over $10,000. E-filing is mandatory for attorneys and optional for self-represented litigants, who may also file with the clerk in person.

• Serve a Copy on the Plaintiff

  Under Super. R. Civ. P. 5, serve a copy of your answer on the plaintiff or the plaintiff's attorney by mail, electronic delivery if registered, or hand delivery, and file a certificate of service showing how and when service was made.

• No Answer Fee, Waiver Available

  The fee to file an answer in Rhode Island is $0. If you cannot afford other court fees, file a Motion, Affidavit, and Order to Proceed In Forma Pauperis, which asks the court to waive fees based on indigency or inability to pay.

• Affirmative Defenses

  State each affirmative defense you intend to rely on, such as statute of limitations, payment, release, accord and satisfaction, fraud, statute of frauds, res judicata, waiver, or estoppel. The statute of limitations on a written contract is ten years under R.I.G.L. Sec. 9-1-13(a).

• Compulsory Counterclaim If Any

  Under Super. R. Civ. P. 13(a), a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim must be stated in your answer, or you can lose the right to bring it later. A claim from a different transaction may be raised as a permissive counterclaim.