Rhode Island Notice of Appeal
Rhode Island's 20-day appeal clock runs from entry of the judgment, not service, and unlike many states a trial court may extend it for excusable neglect, though every civil appeal skips any intermediate court and goes straight to the Supreme Court.
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Introduction
In Rhode Island, a notice of appeal from a Superior Court or Family Court final civil judgment is due within 20 days of the entry of the judgment, order, or decree appealed from, not the date it is served or a notice of entry is served on the parties (R.I. Sup. Ct. R. App. P. 4(a)). A timely Superior Court motion under Rule 50(b), Rule 52(b), or Rule 59 terminates the running of that 20-day period as to all parties, and the full 20 days restarts from entry of the order disposing of the motion (Rule 4(a)). Unlike states where the deadline generally cannot be extended, a Rhode Island trial court may extend the time to file for a period not to exceed 30 days from the expiration of the original 20 days, on a showing of excusable neglect; the extension may be granted before or after the 20 days expire, though a request made after expiration must be by motion with notice (Rule 4(a)). The notice is filed with the clerk of the trial court that entered the judgment, the Superior Court or Family Court, not the Supreme Court itself, and must be served on the attorney of record for each party or, if a party is unrepresented, on that party at their last known address (Rule 3(c)-(d)). Rhode Island has no intermediate court of appeals: every civil appeal from a Superior Court or Family Court judgment goes directly to the Rhode Island Supreme Court (Rule 1(a)). Filing costs $150 per appellant, fixed directly in Rule 5(a); confirm the current fee with the clerk. A party who cannot afford the fee may petition the trial court for a fee waiver based on indigency, filed with the notice of appeal, which pauses the Rule 4 period until the petition is decided, and the state and its agencies are exempt from the fee outright (Rule 5(b)(1), 5(c)). The rule requires the notice to specify the party or parties taking the appeal and to designate the judgment, order, or decree, or the part of it, appealed from (Rule 3(c)); the Superior Court's current notice of appeal form, Superior-50, is the form Rule 3(c) points to, and a separate Family Court form, FC-67, is used for a Family Court appeal. Filing the notice does not by itself stop the other side from collecting on the judgment: a stay is ordinarily requested first in the trial court and may be conditioned on a bond or other security the court sets (Rule 8(a)-(b)). Small claims in Rhode Island are not appealed to the Supreme Court, or to any appellate court, at all, as described below. This page covers a civil appeal from a Superior Court or Family Court final judgment. Criminal, administrative-agency, federal-court, and interlocutory appeals follow different procedures and are not covered here. Attorney review is available before you file.
Key Things to Know
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The notice of appeal is due within 20 days of the entry of the judgment, order, or decree appealed from, not the date of service (R.I. Sup. Ct. R. App. P. 4(a)). A timely motion under Rule 50(b), Rule 52(b), or Rule 59 restarts the full 20 days from entry of the order disposing of the motion.
- 2
Unlike many states, Rhode Island lets a trial court extend the deadline for excusable neglect, but only by up to 30 days beyond the original 20, and a request made after the 20 days expire must be by motion with notice to the other parties (Rule 4(a)).
- 3
File the notice with the clerk of the Superior Court or Family Court that entered the judgment, not the Supreme Court. Rhode Island has no intermediate court of appeals, so every civil appeal goes directly to the Supreme Court (Rule 1(a)).
- 4
The notice must specify the party taking the appeal and designate the judgment, order, or decree, or the part of it, appealed from (Rule 3(c)). Use the Superior Court's current form, Superior-50, or the Family Court's FC-67 for a Family Court appeal.
- 5
Filing costs $150 per appellant, set directly in Rule 5(a); confirm the current fee with the clerk. A party who cannot afford it may petition the trial court for a fee waiver based on indigency, which pauses the 20-day clock until the petition is decided (Rule 5(b)(1)).
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Filing the notice does not by itself stop the other side from collecting on the judgment. A stay is ordinarily requested first in the trial court and may be conditioned on a bond the court sets case by case (Rule 8(a)-(b)).
- 7
A District Court small-claims judgment is not appealed to the Supreme Court at all. It is removed for a full trial de novo in the Superior Court by claiming an appeal within 2 days, excluding weekends and holidays, after the judgment is entered, and a plaintiff who used the small-claims procedure waives the right to appeal (G.L. 9-12-10; 10-16-1).
Key decisions before you file
Before you file a Notice of Appeal in Rhode Island, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.
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Rhode Island Requirements for Notice of Appeal
20-Day Deadline Runs From Entry, Not Service
A civil notice of appeal must be filed within 20 days of the entry of the judgment, order, or decree appealed from, not the date it is served on the parties (R.I. Sup. Ct. R. App. P. 4(a)).
Post-Trial Motions Restart the Full 20 Days
A timely Superior Court motion under Rule 50(b), Rule 52(b), or Rule 59 terminates the running of the 20-day period as to all parties, and the full 20 days restarts from entry of the order disposing of the motion (Rule 4(a)).
Narrow Excusable-Neglect Extension
On a showing of excusable neglect, the trial court may extend the time to file for a period not to exceed 30 days from the expiration of the original 20-day deadline; a request made after expiration must be by motion with notice (Rule 4(a)).
Filed With the Trial Court Clerk, Not the Supreme Court
The notice is filed with the clerk of the trial court that entered the judgment, the Superior Court or Family Court, not the Supreme Court itself (Rule 3(a)).
No Intermediate Court of Appeals
Rhode Island has no intermediate appellate court: every civil appeal from a Superior Court or Family Court judgment goes directly to the Rhode Island Supreme Court (Rule 1(a)).
Required Contents and the Superior-50 Form
The notice must specify the party or parties taking the appeal and designate the judgment, order, or decree, or the part of it, appealed from (Rule 3(c)); Rule 3(c) points to the Judiciary's current form, Superior-50, for a Superior Court appeal, and FC-67 for a Family Court appeal.
Filing Fee and Indigency Waiver
Filing costs $150 per appellant, fixed in Rule 5(a); confirm the current fee with the clerk. A verified indigency petition filed with the notice pauses the Rule 4 period until decided, and the state and its agencies are exempt from the fee (Rule 5(b)(1), 5(c)).
Stay Ordinarily Sought First in the Trial Court
Filing the notice does not by itself stop enforcement of the judgment. A stay is ordinarily requested first in the trial court and may be conditioned on a bond or other security the court sets (Rule 8(a)-(b)).
Small Claims Is a 2-Day Trial De Novo, Not an Appeal
A District Court small-claims judgment is not appealed to any appellate court. It is removed for a full trial de novo in the Superior Court by claiming an appeal within 2 days, excluding weekends and holidays, after the judgment is entered, and the plaintiff waives the right to appeal by using the small-claims procedure (G.L. 9-12-10; 10-16-1).