Rhode Island Motion for Continuance

Q: What rule governs a motion for continuance in Rhode Island?

Rule 40(b) of the Rhode Island Superior Court Rules of Civil Procedure says continuances are granted only upon motion and for good cause shown, on such terms and conditions as the court determines. Rhode Island calls it a continuance.

Q: What are acceptable reasons for a continuance in Rhode Island civil court?

Rule 40(c) names the absence of a material witness and sickness of a party or witness. Rule 40(b) requires good cause shown for any request. The judge decides each one, and none is certain to succeed.

Q: Does a Rhode Island motion for continuance need an affidavit?

Only for the absent-witness ground. The court need not entertain that motion unless it is supported by an affidavit (Rule 40(c)). Rule 40(c) does not require an affidavit for other grounds, but sickness needs a physician's certificate.

Q: What must the affidavit say if I need a missing witness in Rhode Island?

Under Rule 40(c) it should name the witness, give the address if known, state the expected testimony, describe your efforts to procure the witness, and say why you expect to get the testimony later. The court may deny the motion if the other side admits the testimony.

Q: What do I need for a Rhode Island continuance because of illness?

A certificate of a practicing physician stating the fact, kind and degree of the sickness and when it began must accompany the motion (Rule 40(c)). The court may deny it if the other side was not told of the sickness as soon as practicable, so tell them promptly.

Q: Does a Rhode Island motion for continuance have to be in writing?

Rule 40(b) requires a motion, and Rule 6(c) speaks of a written motion served with notice of the hearing. A written motion is the safe course. Ask the clerk what your court expects.

Q: Can the other side and I agree to a continuance in Rhode Island?

You can ask, but Rule 40(b) says continuances are granted only on motion and on terms the court sets. Treat the date as unchanged until the court rules. No separate agreed-continuance procedure is covered here.

Q: Do I still have to go to my Rhode Island hearing if I filed a motion for continuance?

Yes, unless the court has granted the motion and told you the date moved. Filing a motion does not postpone anything.

Q: Are there special continuance rules for Rhode Island family court, eviction or small claims?

Rule 40 here is the Superior Court rule. Family Court, District Court, eviction and small claims continuance rules are not covered here, so ask the clerk of your court for its rules.

Superior Court Rule 40(b) requires good cause. Your date stands until the judge rules.

Find out where you stand in Rhode Island

What kind of case is the hearing in?

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Introduction

Rhode Island Superior Court Rule 40(b) allows a continuance only on motion and for good cause shown. Rule 6(c) sets 10 days' service for a written motion not heard ex parte, unless rules or an order fix another period. Your date stands until the court rules.

Key Things to Know

1
Rhode Island uses the term continuance, and Rule 40(b) of the Superior Court Rules of Civil Procedure says continuances are granted only on motion, for good cause shown, and on such terms and conditions as the court determines.
2
The hearing or trial date stands until the court grants the continuance. Attend unless the court tells you in writing or in open court that it has been moved.
3
Rule 40(c) names two specific grounds: absence of a material witness, and sickness of a party or witness. Other reasons may be raised as good cause under Rule 40(b), but the court decides.
4
A motion based on an absent material witness should be supported by an affidavit. The court need not entertain it otherwise. The affidavit covers the witness's name, expected testimony, your efforts to procure the witness, and why you expect the testimony later (Rule 40(c)).
5
A motion based on sickness of a party or witness must be accompanied by a certificate of a practicing physician stating the fact, kind and degree of the sickness and when it began. The court may deny it if the other side was not told as soon as practicable (Rule 40(c)).
6
Rule 6(c) says a written motion, other than one which may be heard ex parte, and notice of the hearing are served not later than 10 days before the hearing, unless the rules or a court order set a different period. The court may shorten the time for cause shown.
7
Rule 40(b) says continuances are granted only on motion and on court-set terms, so an agreement with the other side is not enough. The court still has to rule. Rules for District Court, eviction, small claims or Family Court are not covered here.

Key decisions before you file

Before you file a Motion for Continuance in Rhode Island, a few decisions shape the document: which option to choose and what each one means. The Motion for Continuance guide walks through them.

Open the Motion for Continuance guide

Customize your Motion for Continuance Template with DocDraft

STATE OF RHODE ISLAND [COUNTY], SC. SUPERIOR COURT

[PLAINTIFF NAME], Plaintiff,

v. C.A. No. [CASE NUMBER]

[DEFENDANT NAME], Hearing/Trial Date: [DATE AND TIME] Defendant.

MOTION FOR CONTINUANCE

NOW COMES [YOUR NAME], [PLAINTIFF OR DEFENDANT], [SELF-REPRESENTED OR BY COUNSEL, NAME], and moves under Rule 40(b) of the Superior Court Rules of Civil Procedure for a continuance of the [HEARING OR TRIAL] now set for [DATE AND TIME], for good cause shown. In support, the movant states:

This case is pending in the above court. The [HEARING OR TRIAL] is set for [DATE AND TIME]. This is the [FIRST OR NUMBER] request for a continuance by the movant.
GROUNDS:

[IF APPLICABLE: GROUND A, ABSENCE OF A MATERIAL WITNESS (Rule 40(c)): [WITNESS NAME], whose address is [WITNESS ADDRESS, IF KNOWN], is a material witness who is absent. The witness is expected to testify that [EXPECTED TESTIMONY]. The movant has tried to procure the witness by [EFFORTS MADE AND DATES]. The movant expects to be able to procure the witness's testimony at a later date because [REASON]. An affidavit is attached.]

[IF APPLICABLE: GROUND B, SICKNESS OF A PARTY OR WITNESS (Rule 40(c)): [NAME] is sick, and a certificate of a practicing physician stating the fact, kind and degree of the sickness and when it began is attached. The other side was told of the sickness on [DATE AND METHOD].]

[IF APPLICABLE: GROUND C, OTHER GOOD CAUSE (Rule 40(b)): [FACTS SHOWING GOOD CAUSE].]

REQUESTED NEW TIMING: The movant asks that the matter be continued to [REQUESTED DATE OR TIME PERIOD, OR A DATE CONVENIENT TO THE COURT], on such terms and conditions as the Court determines.
POSITION OF OTHER SIDE: The movant contacted [OTHER SIDE NAME OR COUNSEL] on [DATE]. The other side [CONSENTS, DOES NOT CONSENT, OR HAS NOT RESPONDED].
This motion is made in good faith and not for the purpose of delay.

WHEREFORE, the movant asks that the Court continue the [HEARING OR TRIAL] to the date stated above, and grant any other relief the Court finds just.

Dated: [DATE]

Respectfully submitted,

[YOUR NAME] [ADDRESS] [PHONE] / [EMAIL]

[IF APPLICABLE: GROUND A] AFFIDAVIT I, [AFFIANT NAME], being duly sworn, state that the facts about the absent witness set out in this motion are true and correct to the best of my knowledge.

______________________________ Date: [DATE] [AFFIANT NAME]

NOTICE OF HEARING This motion will be heard on [DATE AND TIME] in [COURTROOM OR JUDGE], which is at least ten (10) days after service, or on the date set by court order.

CERTIFICATE OF SERVICE I certify that on [DATE] I served a copy of this motion and notice of hearing on [OTHER SIDE NAME OR COUNSEL] at [ADDRESS OR EMAIL] by [METHOD OF SERVICE].

[YOUR NAME]

Rhode Island Requirements for Motion for Continuance

Rule 40(b) Governs Continuances
Rhode Island Superior Court Rule 40(b) says continuances are granted only upon motion and for good cause shown, on such terms and conditions as the court determines.
Affidavit for Absent Witness
The court need not entertain a motion based on an absent material witness unless it is supported by an affidavit covering the witness, expected testimony and efforts to procure (Rule 40(c)).
Physician Certificate for Sickness
A motion based on sickness of a party or witness must be accompanied by a certificate of a practicing physician stating the fact, kind and degree of the sickness and when it began (Rule 40(c)).
Notice of Sickness to Other Side
The court may deny a sickness motion if the adverse party was not told as soon as practicable (Rule 40(c)).
Ten Day Service Period
A written motion, other than one which may be heard ex parte, and notice of hearing are served not later than 10 days before the hearing unless the rules or a court order fix a different period. The court may shorten it for cause shown (Rule 6(c)).
Court Sets the Terms
Continuances are granted only on motion and on terms and conditions the court determines, so an agreement with the other side does not change the date (Rule 40(b)).
Good Cause Statement
The motion states the ground as an alternative, the hearing date, the requested new timing and the other side's position. The hearing date stands until the court rules.

Frequently Asked Questions

What rule governs a motion for continuance in Rhode Island?

What are acceptable reasons for a continuance in Rhode Island civil court?

Does a Rhode Island motion for continuance need an affidavit?

What must the affidavit say if I need a missing witness in Rhode Island?

What do I need for a Rhode Island continuance because of illness?

Does a Rhode Island motion for continuance have to be in writing?

How far ahead do I have to file a motion for continuance in Rhode Island?

Can the other side and I agree to a continuance in Rhode Island?

Do I still have to go to my Rhode Island hearing if I filed a motion for continuance?

Are there special continuance rules for Rhode Island family court, eviction or small claims?

Is there an official Rhode Island motion for continuance form or template?

Find out where you stand in Rhode Island

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Continuance Template with DocDraft

Rhode Island Requirements for Motion for Continuance

Rule 40(b) Governs Continuances

Affidavit for Absent Witness

Physician Certificate for Sickness

Notice of Sickness to Other Side

Ten Day Service Period

Court Sets the Terms

Good Cause Statement

Frequently Asked Questions