News

As a result of the continuing coronavirus crisis, the R.I. Superior Court issued new protocols on April 21, 2020, for handling motions and hearings at the Business Calendars in Providence County and all outlying counties.

The Business Calendars will now consider all receivership proceedings, pretrial motions, dispositive motions, as well as pretrial and status conferences. These matters will be conducted remotely.

• For pending motions, which were previously scheduled for hearing on or after March 16, 2020, or which have been filed since March 16, 2020, and not assigned a hearing date, the following conditions apply. If such a motion remains unresolved, any party may request that it be decided on the pleadings or that a hearing be held. If neither party requests a hearing, then the motion will be decided on the pleadings unless the court seeks oral argument.
• Prior to filing any new motion, a party shall submit to the clerk, by electronic mail, a specific form. If the moving party does not request a hearing, the opposing party may do so by electronic mail. If neither party requests a hearing, then the motion will be decided on the pleadings unless the court seeks an oral argument.
• All hearings will be held remotely by WebEx® Video conferencing, will be recorded by a court stenographer, and the public will have audio access through YouTube streaming. Once a hearing date is set, attorneys will receive an email invitation to the remote hearing. While WebEx® permits audio-only participation, video participation will be required for any attorney addressing the court. This video call is offered at no cost to the participants. Justice Brian Stern has prepared a 15-minute video on how to use the WebEx® system.
• As for requesting a conference with one of the justices, a lawyer must first email a specialized form to the justice’s clerk and copy all other counsel. The attorneys will receive a WebEx® conference invitation by electronic mail. In these instances, there is no need for a stenographic record of conferences.

Additional requirements apply. To view the complete court order establishing these protocols and the requisite form for initiating contact with the court, click here.

If you have questions about this court order or any legal matter, please do not hesitate to contact any of the partners at the firm.

Effective as of April 13, 2020, Chief Justice Paul A. Suttell of the R.I. Supreme Court ordered the reopening of the Noel Judicial Complex (serving Kent County) and the Rhode Island Traffic Tribunal for emergency and essential matters.

However, the Murray and McGrath Judicial Complexes remain closed until further notice. In keeping with a previous order, all emergency or essential matters, which would have been heard in either of these judicial buildings, shall be heard in the Noel Judicial Complex.

The Chief Justice’s order also contains the following key points.

• Everyone entering a judicial building shall be subject to verbal screening for COVID-19 exposure or symptomology.
• Only judicial officers, essential personnel, litigants, witnesses, and other necessary parties who pass this verbal screening shall be allowed to enter the judicial buildings.
• All proceedings shall adhere to mandated social distancing and crowd restrictions
• All judicial buildings are closed to the public, except as provided for above.
• All filing deadlines, which would have expired between March 17, 2020, and May 17, 2020, shall be extended to May 29, 2020.
• Statutes of limitations shall continue to run, given the availability of the electronic filing system.
• Except for emergency matters, no in-person hearing shall take place in any judicial building unless otherwise assigned by the Presiding Justice, Chief Judge or Chief Magistrate.
• Courts are encouraged to utilize videoconferencing tools whenever possible.
• In such cases, oaths or affirmations shall be administered remotely.
• All jury trials shall be continued until after May 17, 2020.

A copy of this Court Order by the Chief Justice is available here.

Additionally, Presiding Justice Alice B. Gibney of the R.I. Superior Court has issued a separate order governing nonemergency and nonessential matters. These matters may be conducted remotely during the period April 20, 2020, through May 15, 2020 and include:

• Receivership Proceedings.
• COVID-19 Receivership Program Matters.
• Dispositive Motions.
• Post-Conviction Relief.
• Administrative and Magistrate Appeals.
• Pre-Trial Motions/ Pre-Trial Conferences/Control Conferences/Status Conferences.
• Other matters explicitly approved in advance by the Presiding Justice

A copy of her Court Order, which also includes the most up-to-date assignments of Duty Justices and Magistrates for emergency and essential matters, is available here.

In response to the COVID-19 pandemic and in accordance with the Governor’s continued directives and the orders of the R.I. Supreme Court, the R.I. Workers’ Compensation Court has taken the following actions through May 17, 2020.

• Effective April 20, 2020, the court will hear its pretrial calendar either telephonically or by video conference. If the parties cannot agree to have their matter heard remotely, they shall advise the court and the matter shall be continued to a date in June (provided that the court is operational). The court will also hear contested cases if agreed to by the parties.
• The court will continue to hear remotely other matters previously scheduled including but not limited to initial hearings, motions, and status conferences.
• The court will allow the filing of stipulations, consent decrees, and final decrees disposing of cases.
• The court will continue to hear commutations and denials and dismissals remotely, either telephonically or by video conference. In lieu of the employee’s in-person testimony, parties shall file an employee affidavit or interrogatories.
• Settlements will be heard on the record with a stenographer present. Employees or employers may also take part in the telephonic or video hearing.
• The chief judge will be available to hear urgent matters.
• All trials shall be continued to a date after May 17, 2020.
• All appellate arguments shall be continued to a date after May 17, 2020.
• By agreement of the parties, the court will hear mediations remotely.
• All court Impartial Medical Exams (IMEs) are suspended through May 7, 2020.
• Public access to all court proceedings shall be available by telephone or other means.

A copy of the court order is available here.

A law enforcement officer who had entered the Noel Judicial Complex on April 2 and an employee assigned to the Rhode Island Traffic Tribunal were recently tested positive for COVID-19.

As a result, Rhode Island Supreme Court Chief Justice Paul A. Suttell issued an executive order on April 5, closing the Noel Judicial Complex in Warwick (serving Kent County) and the Rhode Island Traffic Tribunal in Cranston. The closures took effect April 6 and will continue until further notice. A copy of that executive order is available here.

As of April 6, any emergency or essential matters for the Superior Court, which would have been heard in Kent, Newport or Washington Counties, shall be heard at the Licht Judicial Complex in Providence.

Any emergency or essential matters arising in the Rhode Island Family Court, Rhode Island District Court, and Rhode Island Traffic Tribunal, which would have been heard in either the Noel Judicial Complex in Warwick or the Rhode Island Traffic Tribunal in Cranston, shall now be heard in the Garrahy Judicial Complex in Providence.

Chief Justice Suttell had earlier issued an executive order closing both the McGrath Judicial Complex in South Kingstown (serving Washington County) and the Murray Judicial Complex in Newport (serving Newport County) effective April 1 and until further notice. A copy of that article is available here.