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Rhode Island Answer to a Complaint

Rhode Island gives you 20 days to answer a complaint under Super. R. Civ. P. 12(a). File on time or the plaintiff can take a default judgment against you.

Introduction

A Rhode Island Answer to a Complaint is the written response you file with the clerk of the court after you are served with a summons and the plaintiff's complaint. It admits or denies the complaint's allegations, raises the affirmative defenses you intend to rely on, and, if you have a related claim, includes a counterclaim. Under Super. R. Civ. P. 12(a)(1)(A), your answer is due within twenty days after the summons, complaint, and other required documents are served on you, and the District Court applies the same twenty-day rule under Dist. R. Civ. P. 12(a)(1). What sets Rhode Island apart is its small claims track. Unlike many states where you simply appear on a hearing date, 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. There is no single statewide form for a general civil answer, so 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 of the court named in the summons; the small claims division does provide an official Answer form. Miss the deadline and the plaintiff can take a default judgment under Super. R. Civ. P. 55(a). DocDraft drafts a Rhode Island-formatted answer from your facts, with attorney review available before you file.

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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).

Key Decisions

Responding to the Allegations

Affirmative Defenses and Counterclaims

Filing and Serving Your Answer

Customize your Answer to a Complaint Template with DocDraft

STATE OF RHODE ISLAND [PROVIDENCE/BRISTOL / KENT / NEWPORT / WASHINGTON], SC. [SUPERIOR COURT / DISTRICT COURT]

[PLAINTIFF NAME], Plaintiff, v. C.A. No. [CASE NUMBER] [DEFENDANT NAME], Defendant.

DEFENDANT'S ANSWER

Now comes Defendant [DEFENDANT NAME], appearing pro se, and answers the Complaint of Plaintiff [PLAINTIFF NAME] as follows.

I. RESPONSES TO ALLEGATIONS

  1. Answering paragraph 1 of the Complaint, Defendant [admits / denies / is without knowledge or information sufficient to form a belief as to the truth of the allegations and therefore denies them].
  2. Answering paragraph 2 of the Complaint, Defendant [admits / denies / is without knowledge or information sufficient to form a belief]. [Continue for each numbered paragraph of the Complaint.]

II. AFFIRMATIVE DEFENSES [State each affirmative defense you intend to rely on, for example: the claim is barred by the ten-year statute of limitations on a written contract under R.I.G.L. Sec. 9-1-13(a); payment; release; accord and satisfaction; fraud; statute of frauds; res judicata; waiver; estoppel.]

III. COUNTERCLAIM (if any) [State any claim you have against the Plaintiff. 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 this answer.]

IV. PRAYER FOR RELIEF WHEREFORE, Defendant requests that the Court deny the relief sought in the Complaint, enter judgment in Defendant's favor, award Defendant's costs, and grant any further relief the Court deems just.

Dated: [DATE]

[SIGNATURE] [DEFENDANT NAME], Pro Se [ADDRESS / PHONE / EMAIL]

CERTIFICATE OF SERVICE I certify that on [DATE] a true copy of this answer was served on [PLAINTIFF / PLAINTIFF'S ATTORNEY] under Super. R. Civ. P. 5, by [mail / electronic delivery / hand delivery]. [SIGNATURE]

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.

Frequently Asked Questions

In a general civil case, Super. R. Civ. P. 12(a)(1)(A) gives you twenty days after the summons and complaint are served to file your answer, and the District Court applies the same twenty-day rule under Dist. R. Civ. P. 12(a)(1). Small claims also requires a written answer within twenty days under Dist. Ct. R. Small Claims P. 2.05. In an eviction case under R.I. Gen. Laws Sec. 34-18-56, the answer is due within twenty days for noncompliance or holdover, but at or before the hearing date for nonpayment of rent. Missing your deadline can lead to a default judgment.

For a general civil case there is no single statewide answer form, so you 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 an official Defendant's Answer form. The answer should respond to each allegation and state any affirmative defenses you intend to rely on.

File your answer with the clerk of the court named in the summons. General civil cases are heard in the District Court for amounts up to $10,000, with concurrent jurisdiction from $5,000 to $10,000, and in the Superior Court for amounts over $10,000, while small claims up to $5,000 are heard in the District Court Small Claims Division. E-filing is mandatory for attorneys and optional for self-represented litigants, who may also file with the clerk in person.

The fee to file an answer in Rhode Island is $0. If you cannot afford other court fees, you can 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. The motion is filed with the same court that is hearing your case.

If you do not answer, the plaintiff can take a default judgment against you under Super. R. Civ. P. 55(a), and in small claims the court enters a default automatically after proper service under Rule 6.01. You may be able to set the judgment aside by filing a Motion to Vacate Judgment under Super. R. Civ. P. 60(b) within a reasonable time, and not more than one year, by showing mistake, inadvertence, surprise, or excusable neglect.

Yes, and you may be required to. 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 that arises from a different transaction may be raised as a permissive counterclaim. The statute of limitations on a written contract in Rhode Island is ten years under R.I.G.L. Sec. 9-1-13(a).