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SUPERIOR COURT RULES OF CIVIL PROCEDURE
I. SCOPE OF RULES AND MANDATORY ELECTRONIC FILING –
ONE FORM OF ACTION
Rule 1. Scope of Rules and Mandatory Electronic Filing
(a) Scope of Rules. These rules govern the procedure in the Superior Court of the State of Rhode Island in all suits of a civil nature whether cognizable as cases at law or in equity, with the exceptions stated in Rule 81. They shall be construed and administered to secure the just, speedy, and inexpensive determination of every action. They shall be known as the Superior Court Rules of Civil Procedure and may be cited as Super.R.Civ.P.
(b) Mandatory Electronic Filing. In accordance with Art. X of the Rhode Island Supreme Court Rules Governing Electronic Filing, electronic filing is mandatory for cases in the Superior Court using the Rhode Island Judiciary’s (Judiciary) Electronic Filing System. All parties are required to use the Judiciary’s Electronic Filing System except for incarcerated individuals or where a waiver is granted in accordance with Art. X, Rule 3(c). Self-represented litigants may electronically file documents in accordance with Art. X, Rule 3(b) but are not required to do so. The Super.R.Civ.P. must be read in conjunction with Art. X, the Rhode Island Judiciary Rules of Practice Governing Public Access to Electronic Case Information, and the Rhode Island Judiciary User Guide for Electronic Filing.
(1) Definitions. For further definitions, see Art. X, Rule 1(c) of the Rhode Island Supreme Court Rules Governing Electronic Filing.
(A) Case Initiating Document(s). The first document(s) filed in a case.
(B) Certificate of Service. Where the Super.R.Civ.P. requires service of a document to be certified by an attorney of record or a self-represented litigant, the following certification may be used:
CERTIFICATE OF SERVICE
I hereby certify that, on the ______ day of _____________________, ______:
□ I filed and served this document through the electronic filing system on the
following parties: _______________________________________. The document electronically filed and served is available for viewing and/or downloading from the Rhode Island Judiciary’s Electronic Filing System.
□ I served this document through the electronic filing system on the
following parties:__________ ________________________________________. The document electronically served is available for viewing and/or downloading from the Rhode Island Judiciary’s Electronic Filing System.
□ I mailed or □ hand-delivered this document to the attorney for the
opposing party and/or the opposing party if self-represented, whose name is ______________________________________________ at the following address _________________________________________________________________.
/s/ NAME____________
(C) Civil Case Cover Sheet. The Plaintiff/Petitioner shall file a Civil Case Cover Sheet for each named party with any Case Initiating Document(s). The document shall capture identifying information regarding the parties in a case to ensure proper identification within the Judiciary’s case management system (CMS), which is party driven. Once the information is entered into the CMS by the court, the document shall be sealed by the court and it shall not be available to the parties or the public due to the identifying information contained therein. The most current version of the Civil Case Cover Sheet is located on the Judiciary’s website at www.courts.ri.gov under the heading of Public Resources, Forms.
(D) Electronic Filing System (EFS). An approved Judiciary-wide system for the filing and service of pleadings, motions and other documents or information via electronic means such as the Internet, a court-authorized remote service provider or through other remote means to and from the Judiciary’s CMS.
(E) Filing. Where the Super.R.Civ.P. require a document to be filed, filing shall mean electronic filing using the EFS unless stated otherwise.
(F) Notice. Where the Super.R.Civ.P. require notice to be given, notice shall mean electronic notice using the EFS unless stated otherwise.
(G) Registered User. An individual or entity with an assigned username and password authorized by the Judiciary to access and utilize the EFS.
(H) Public Access Portal. The point of entry for electronic access to case information from the Judiciary’s database whether at the courthouse or remotely. The database is an electronic collection of court records displayed as a register of actions or docket sheet. The register of actions or docket sheet lists parties, case events, document filings, or other activities in a case set forth in chronological order.
(I) Service. Where the Super.R.Civ.P. require a document or information to be served, sent, delivered, or forwarded, the following shall be applicable:
(i) Subpoenas, complaints, petitions, or other documents that must be hand- delivered or served in person with a summons shall not be served electronically; and
(D) Discovery requests and responses not filed in accordance with Rule 5(d).
If rejected, the filing will not be docketed and notice will be sent to the Registered User indicating why the document(s) was returned. The rejection notice shall identify the basis for the rejection in accordance with the rules of the court. A rejected filing shall be promptly corrected and resubmitted and shall be deemed to have been submitted and filed on the initial filing date for purposes of any statutory or rule-based deadline.
Rule 2. One Form of Action
There shall be one form of action to be known as “civil action.”
I. COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS
Rule 3. Commencement of Action
A civil action is commenced (1) by the filing of a complaint, Civil Case Cover Sheet, and all other required documents with the court together with the entry fees prescribed by law_._ Incarcerated individuals, attorneys who are granted a waiver pursuant to Art. X, Rule 3(c) of the Rhode Island Supreme Court Rules Governing Electronic Filing, and self-represented litigants who do not elect to electronically file pursuant to Art. X, Rule 3(b), or (2) by may depositing the complaint, Civil Case Cover Sheet, and all other required documents with said fee in the mail addressed to the clerk or file the documents at the clerk’s office.
Rule 4. Process, Attachment, Trustee Process, Arrest
(a) Summons: Form. The summons shall bear the sSignature or facsimile signature of the clerk, be under the seal or watermark of the court (which shall be generated by the CMS), identify the court and the parties, be directed to the defendant, and state the name and address of the plaintiff's attorney or, if unrepresented, state the name and address of the self-represented litigant except where prohibited by federal or state law. plaintiff. It shall The summons shall also state the time within which the defendant must appear and defend, and shall notify the defendant that failure to do so will result in a judgment by default against the defendant for the relief demanded in the complaint. The court may allow a summons to be amended.
(b) SameSummons: Issuance. The summons, may be procured in blank from the clerk and shall be filled out by the plaintiff's attorney as provided in subdivision (a) of this rule, shall be issued in the following manner:.
(1) For attorneys and self-represented litigants who are Registered Users, a summons shall be generated by the court and attached to the case following the acceptance of the complaint, Civil Case Cover Sheet, and all other required documents by the court. Registered Users can retrieve the summons through the Public Access Portal;
(2) For incarcerated individuals, a summons shall be generated electronically by the court and mailed to the individual upon the acceptance of the complaint, Civil Case Cover Sheet, and all other required documents by the court; and
(3) For attorneys who are granted a waiver pursuant to Art. X, Rule 3(c) of the Rhode Island Supreme Court Rules Governing Electronic Filing and self-represented litigants who do not elect to electronically file pursuant to Art. X, Rule 3(b):
(A) A summons shall be generated electronically by the court and handed to the attorney or self-represented litigant at the time of filing the complaint, Civil Case Cover Sheet, and all other required documents at the clerk’s office;
(B) If the complaint, Civil Case Cover Sheet, and all other required documents are mailed to the court, a summons shall be generated electronically by the court and mailed to the attorney or self-represented litigant if a self-addressed envelope is included; or
(C) If the complaint, Civil Case Cover Sheet, and all other required documents are mailed to the court, a summons shall be generated electronically by the court and the attorney or self-represented litigant may obtain the summons at the clerk’s office.
The plaintiff's attorney or a self-represented litigant shall deliver to the person who is to make service the original summons upon which to make his or her return of service and a copy of the summons, and of the complaint, Language Assistance Notice, and all other required documents for service upon the defendant. Additional summons may be issued against any defendant.
(c) By Whom Served. Service of all process shall be made by a duly authorized officer in accordance with Title 9, Chapter 5 (Writs, Summons, and Process) of the Rhode Island General Laws sheriff or the sheriff's deputy, within the sheriff's county, by a duly authorized constable, or by any person who is not a party and who is at least eighteen (18) years of age.
(d) Waiver of Service; Duty to Save Costs of Service; Request to Waive.
(1) A defendant who waives service of a summons does not thereby waive any objection to the venue or to the jurisdiction of the court over the person of the defendant.
(2) An individual or corporation that is subject to service under subdivision (e)(1), (e)(3), or (f), and that receives notice of an action in the manner provided in this paragraph has a duty to avoid unnecessary costs of serving the summons. To avoid costs, the plaintiff may notify such a defendant of the commencement of the action and request that the defendant waive service of a summons. The notice and request:
(A) sShall be in writing and shall be addressed directly to the defendant, if an individual, or else to an officer or managing or general agent (or other agent
(e) Summons: Personal Service. The summons, and complaint, Language Assistance Notice, and all other required documents shall be served together. The plaintiff shall furnish the person making service with such copies as are necessary. Service shall be made as follows:
(1) Upon an individual from whom a waiver has not been obtained and filed, other than an incompetent person, by delivering a copy of the summons, and complaint, Language Assistance Notice, and all other required documents to the individual personally or by leaving copies thereof at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons, and complaint, Language Assistance Notice, and all other required documents to an agent authorized by appointment or by law to receive service of process, provided that if the agent is one designated by statute to receive service, such further notice as the statute requires shall be given.
(2) Upon a person for whom a guardian or conservator has been appointed by serving copies of the summons, and complaint, Language Assistance Notice, and all other required documents upon such guardian or conservator and upon the incompetent person in the manner provided in paragraph (1) of this subdivision.
(3) Upon a private corporation, domestic or foreign, from which a waiver of service has not been obtained and filed, by delivering a copy of the summons, and complaint, Language Assistance Notice, and all other required documents to an officer, a managing or general agent, or by leaving a copy of the summons, and complaint, Language Assistance Notice, and all other required documents at an office of the corporation with a person employed therein, or by delivering a copy of the summons, and complaint, Language Assistance Notice, and all other required documents to an agent authorized by appointment or by law to receive service of process, provided that if the agent is one designated by statute to receive service, such further notice as the statute requires shall be given.
(4) Upon the state by delivering a copy of the summons, and complaint, Language Assistance Notice, and all other required documents to the attorney general or an assistant attorney general.
(5) Upon a public corporation, body, or authority by delivering a copy of the summons, and complaint, Language Assistance Notice, and all other required documents to any officer, director, or manager thereof.
(f) Service Outside State Within the United States; Personal Jurisdiction. When an individual or a foreign corporation is subject to the jurisdiction of the courts of the state, service of process may be made outside the state as follows:
(1) Upon an individual by delivery of a copy of the summons, and complaint, Language Assistance Notice, and all other required documents to the individual personally by any disinterested person, or by mailing a copy of the summons, and complaint, and Language Assistance Notice to the individual by registered or certified mail, return
receipt requested, or by express or overnight carrier with a signed receipt of delivery, or by any other method ordered by the court to give such individual notice of the action and sufficient time to prepare any defense thereto.
(2) Upon a foreign corporation by delivery of a copy of the summons, and complaint, Language Assistance Notice, and all other required documents by any disinterested person to the president, secretary, or treasurer of such corporation or to any agent or attorney for service of process designated by the corporation in the state of incorporation, or by mailing a copy of the summons, and complaint, Language Assistance Notice, and all other required documents to any such officer or agent or to the corporation at its business address designated in the state of incorporation by registered or certified mail, return receipt requested, or by any other method ordered by the court to give such corporation notice of the action and sufficient time to prepare any defense thereto.
(g) Service Upon Individuals in a Foreign Country. Unless otherwise provided by state or federal law, service upon an individual from whom a waiver has not been obtained and filed, other than an infant or an incompetent person, may be effected in a place not within the United States:
(1) bBy any internationally agreed means reasonably calculated to give notice, such as those means authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents; or
(2) iIf there is no internationally agreed means of service or the applicable international agreement allows other means of service, provided that service is reasonably calculated to give notice:
(A) iIn the manner prescribed by the law of the foreign country for service in that country in an action in any of its courts of general jurisdiction; or
(B) aAs directed by the foreign authority in response to a letter interrogatory or letter of request; or
(C) uUnless prohibited by the law of the foreign country, by:
(i) dDelivery to the individual personally of a copy of the summons, and complaint, and Language Assistance Notice; or
(ii) aAny form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the party to be served; or
(3) bBy other means not prohibited by international agreement as may be directed by the court.
(m) Attachment and Trustee Process.
(1) Availability of Remedies. In connection with the commencement of any action under these rules, attachment, including trustee process, shall be available to the extent and in the manner provided by law.
(2) Writ of Attachment: Form. The writ of attachment shall:
(A) bBear the sSignature or facsimile signature of the clerk, be under the seal or watermark of the court, contain the name of the court, the names and residences of the parties and the trustee, if any, and the date of the commencement of the action,; and
(B) bBe directed to a duly authorized officer in accordance with Title 9, Chapter 5 (Writs, Summons, and Process) of the Rhode Island General Laws the sheriffs of the several counties or their deputies, or to other officers authorized by law to serve the same, and command them to attach the goods or estate of the defendant to the value of the amount of the plaintiff's demand for judgment, together with a reasonable allowance for interest and costs, and to make due return of their doings thereon.
The most current version of the writ of attachment is located on the Judiciary’s website at www.courts.ri.gov under the heading of Public Resources, Forms.
(3) Same Writ of Attachment: Issuance. The writ of attachment may be procured in blank from the clerk, shall be filled out by the plaintiff's attorney or a self-represented litigant as provided in paragraph (2) of this subdivision, and shall be submitted to the court with a motion for its issuance. The motion shall be granted only upon a showing that there is a probability of a judgment being rendered in favor of the plaintiff and that there is a need for furnishing the plaintiff security in the amount sought for satisfaction of such judgment, together with interest and costs. A motion hereunder shall not be granted ex parte. Security may be required in connection with issuance of any writ of attachment. A surety upon a bond or undertaking hereunder shall be subject to the provisions of Rule 65(c).
(4) Same Writ of Attachment: Service. The plaintiff's attorney or a self-represented litigant shall deliver to the officer making service a copy of the proposed writ of attachment together with a copy of the motion for its issuance and the notice of hearing thereof. When the summons, and complaint, and Language Assistance Notice are served upon the defendant as provided in subdivisions (d) through (i) of this rule, the defendant shall also be served with a copy of the proposed writ of attachment and of the motion for its issuance with the notice of hearing thereof. An attachment made after service of the summons, and complaint, and Language Assistance Notice shall be made as provided in paragraph (6) of this subdivision.
(5) Attachment on Counterclaim, Cross-Cclaim, or Third-Pparty Complaint. Attachment may be utilized by a party bringing a counterclaim, a cross-claim, or a third-party complaint in the same manner as upon an original claim.
(6) Subsequent Attachment. After service of the summons, and complaint, and Language Assistance Notice upon the defendant, attachment shall be available to the extent and in the manner provided by law, shall follow the form prescribed in paragraph (2) of this subdivision, and shall be issued in accordance with paragraph (3) of this subdivision. All papers shall be served upon the defendant in the manner provided for service of process under subdivisions (d) through (i) of this rule unless the defendant has appeared in the action, in which case service shall be made as provided in Rule 5(b).
(7) Return Proof of Service. Upon service of a writ of attachment and copy thereof, the person making the service shall make the return proof of service as provided in subdivision (j) of this rule.
(n) Arrest.
(1) Availability of Remedy. In connection with the commencement of any action under these rules, a writ of arrest shall be available to the extent and in the manner provided by law.
(2) Form and Service. The writ of arrest shall be obtained and filled out in the same manner as a writ of attachment, shall be accompanied by such affidavit as may be required by law, and shall be submitted to the court with a motion for its issuance. An order of issuance shall be indorsed on the writ by the court. Service of such writ shall be accompanied by service upon the defendant of a copy of the summons, and complaint, Language Assistance Notice, and all other required documents, and return proof of service shall be made in the same manner as return proof of service on a writ of attachment. The most current version of the writ of arrest is located on the Judiciary’s website at www.courts.ri.gov under the heading of Public Resources, Forms.
(3) Subsequent Writ of Arrest. After service of the summons, and complaint, Language Assistance Notice, and all other required documents upon the defendant a writ of arrest shall be available to the extent and in the manner provided by law and shall be issued and served as provided in paragraph (2) of this subdivision.
(4) Ne Exeat. An order of arrest may be entered when the plaintiff has demanded and would be entitled to a judgment requiring the performance of an act, the neglect or refusal to perform which would be punishable by the court as a contempt, and where the defendant is not a resident of the state or is about to depart therefrom, by reason of which nonresidence or departure there is danger that such judgment or order will be rendered ineffectual.
(C) If the person served has no known address, leaving a copy with the clerk of the court.
(D) Delivering a copy by any other means, including electronic means, consented to in writing by the person served. Service by electronic means is complete on transmission; service by other consented means is complete when the person making service delivers the copy to the agency designated to make delivery.
(3) Service by electronic means under Rule 5(b)(2)(D) is not effective if the party making service learns that the attempted service did not reach the person to be served.
(c) SameService: Numerous Defendants. In any action in which there are unusually large numbers of defendants, the court, upon motion or of its own initiative, may order that service of the pleadings of the defendants and replies thereto need not be made as between the defendants and that any cross-claim, counterclaim, or matter constituting an affirmative defense contained therein shall be deemed to be denied or avoided by all other parties and that the filing of any such pleading and service thereof upon the plaintiff constitutes due notice of it to the parties. A copy of every such order shall be served upon the parties in such manner and form as the court directs.
(d) Filing; Certificate of Service. All papers after the complaint required to be served upon a party, together with a cCertificate of sService in accordance with Rule 1(b)(1)(B) shall be filed with the court within a reasonable time after service, but the following discovery requests and responses shall not be filed with the court until they are used in the proceeding or the court orders their filing:
(1i) iInterrogatories;
(2ii) rRequests for documents or to permit entry upon land;
(3iii) rRequests for admission;
(4iv) aAnswers and responses to items (1i)- through (3iii) above;
(5v) nNotices of deposition; and
(6vi) tTranscripts of depositions.
The court, on motion generally or in a specific case, or on its own initiative, may order the filing of such discovery materials. Notwithstanding anything in this Rule 5(d), any party pressing or opposing any motion for relief under Rules 26(c) or 37 shall file copies of the relevant portions of discovery materials with the court as exhibits to any such motion or opposition. If any moving party under Rule 56 or any opponent relies on discovery documents, copies of the pertinent parts thereof shall be filed with the motion or opposition.
(e) Filing With the Court Defined. The filing of pleadings and other papers with the court as required by these rules shall be made by filing them with the clerk of the court, except that the judicial officer judge may permit the papers to be filed with the judicial officer judge, in which event the judicial officer judge shall note thereon the filing date and forthwith transmit them to the office of the clerk. The clerk shall not refuse to accept for filing any paper presented for that purpose solely because it is not presented in proper form as required by these rules or any rule of practice.
(f) Effect of Failure to File. If any party to an action fails to file within five (5) days after the service any of the papers required by this rule to be filed, the court, on motion of any party or of its own initiative, may order the papers to be filed forthwith, and if the order be not obeyed, the court may order them to be regarded as stricken and their service to be of no effect.
(g) Written Order on Motion. Whenever in ruling upon a motion the court directs preparation of a written order, any party may file with the court a proposed order with a certificate that it has been served upon all other parties. If only one proposed order is filed and no objection thereto is filed within 4 days thereafter, the clerk shall enter the order unless otherwise ordered by the court. If more than one proposed order is filed, or if objection is filed within said 4 days, the order shall be entered only by the court.
Rule 6. Time
(a) Computation. In computing any period of time prescribed or allowed by these rules, by order of court or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period is to be included, unless it is a Saturday, Sunday, or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday, nor a holiday.
(b) Enlargement. When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion:
(1) wWith or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order; or
(2) uUpon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect; or
(3) pPermit the act to be done by stipulation of the parties, but it may not exceed the time for taking any action under Rules 50(b), 52(b), 59(b), (d), and (e), and 60(b) except to the extent and under the conditions stated in them.
(c) For Motions - Affidavits. A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than ten (10) days before the time specified for the hearing, unless a different period is fixed by these rules or by order of the court. Such an order may for cause shown be made on ex parte application. When a motion is
(D)iv. a A motion for leave to serve third-party complaints under Rule 14:,
(E)v. a A motion to amend pleadings under Rule 15:,
(F)vi. a A motion for an order for physical or mental examination under Rule 35:, and
(G)vii. a A motion under Rule 26 or Rule 37 to obtain a protective order, or to compel discovery.
A motion to compel discovery or more responsive answers thereto shall specify the number of days for compliance.
The provisions of Rule 6(d) shall not apply to this subdivision.
(4) All motions shall be signed in accordance with Rule 11.
(c) Demurrers, Pleas, etc., Abolished. Demurrers, pleas, and exceptions for insufficiency of a pleading shall not be used.
(c) Electronic Filing of Pleadings, Motions, and Other Papers. When using the EFS, all pleadings, motions, and other papers shall be filed in accordance with Rule 1(b)(3).
Rule 8. General Rules of Pleading
(a) Claims for Relief. A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim, shall contain:
(1) aA short and plain statement of the claim showing that the pleader is entitled to relief;, and
(2) aA demand for judgment for the relief the pleader seeks. In an action for personal injury, injury to property, or wrongful death, the pleading shall not state the amount claimed, but only that the amount is sufficient to establish the jurisdiction of the court.
Relief in the alternative or of several different types may be demanded.
(b) Defenses; Form of Denials. A party shall state in short and plain terms the party's defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies. If the party is without knowledge or information sufficient to form a belief as to the truth of an averment, the party shall so state and this has the effect of a denial. Denials shall fairly meet the substance of the averments denied. When a pleader intends in good faith to deny only a part or a qualification of an averment, the pleader shall specify so much of it as true and material and shall deny only the remainder. Unless the pleader intends in good faith to controvert all the averments of the preceding pleading, the pleader may make denials as specific denials of designated averments or paragraphs, or the pleader may generally deny all the averments except such designated averments or paragraphs as the pleader expressly admits; but, when the pleader
does so intend to controvert all its averments, the pleader may do so by general denial subject to the obligations set forth in Rule 11. Denial of the authenticity or validity of a signature shall be by specific negative averment, and a general denial shall not put such signature in issue.
(c) Affirmative Defenses. In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court on terms, if justice so requires, shall treat the pleading as if there had been a proper designation.
(d) Effect of Failure to Deny. Averments in a pleading to which a responsive pleading is required, other than those as to the amount of damages, are admitted when not denied in the responsive pleading. Averments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or avoided.
(e) Pleading to Be Concise and Direct; Consistency.
(1) Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleading or motions are required.
(2) A party may set forth two (2) or more statements of a claim or defense alternately or hypothetically, either in one (1) count or defense or in separate counts or defenses. When two (2) or more statements are made in the alternative and one (1) of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one (1) or more of the alternative statements. A party may also state as many separate claims or defenses as the party has regardless of consistency and whether based on legal or equitable grounds or on both. All statements shall be made subject to the obligations set forth in Rule 11.
(f) Construction of Pleadings. All pleadings shall be so construed as to do substantial justice.
Rule 9. Pleading Special Matters
(a) Capacity. It is not necessary to aver the capacity of a party to sue or be sued in a representative capacity or the legal existence of an organized association of persons that is made a party. When a party desires to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued or the authority of a party to sue or be sued in a representative capacity, the party shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader's knowledge.
(b) Fraud, Mistake, Condition of the Mind. In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity. Malice, intent, knowledge, and other condition of mind of a person may be averred generally.
motion, or other paper and state the self-represented litigant’s the party's address, email address (if electing to utilize the EFS), and telephone number.
Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by an affidavit. The rule in equity that the averments of an answer under oath must be overcome by the testimony of two (2) witnesses or of one witness sustained by corroborating circumstances is abolished. The signature of an attorney, self-represented litigant, or party constitutes a certificate by the signer that the signer has read the pleading, motion, or other paper; that to the best of the signer's knowledge, information, and belief formed after reasonable inquiry it the pleading, motion, or other paper is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it the pleading, motion, or other paper is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. If a pleading, motion, or other paper is not signed, unless signed promptly after the omission is called to the attention of the pleader or movant, or is signed with intent to defeat the purpose of this rule, it the pleading, motion, or other paper shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, may impose upon the person who signed it the pleading, motion, or other paper, a represented party, or both, any appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including a reasonable attorney's fee.
Rule 12. Defenses and Objections - When and How Presented by Pleading or Motion - Motion for Judgment on Pleadings
(a) When Presented.
(1) A defendant shall serve an answer:
(A) wWithin twenty (20) days after the service of the summons, and complaint, Language Assistance Notice, and all other required documents upon the defendant, unless the court directs otherwise when service of process is made pursuant to an order of court. Where service upon a defendant is made by publication of an order of notice, a defendant shall serve an answer within twenty (20) days after the last publication of said order of notice, or
(B) iIf service of the summons has been timely waived on request under Rule 4(d), within sixty (60) days after the date when the request for waiver was sent, or within ninety (90) days after that date if the defendant was addressed outside the United States.
(2) A party served with a pleading stating a cross-claim against that party shall serve an answer thereto within twenty (20) days after being served. The plaintiff shall serve a reply to a counterclaim in the answer within twenty (20) days after service of the answer or, if a reply is ordered by the court, within twenty (20) days after service of the order, unless the order otherwise directs.
(3) The service of a motion permitted under this rule alters these periods of time as follows, unless a different time is fixed by order of the court:
(A) If the court denies the motion or postpones its disposition until the trial on the merits, the responsive pleading shall be served within ten (10) days after notice of the court's action. (B) If the court grants a motion for a more definite statement, the responsive pleading shall be served within ten (10) days after the service of the more definite statement.
(b) How Presented. Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion:
(1) lLack of jurisdiction over the subject matter;,
(2) lLack of jurisdiction over the person;,
(3) iImproper venue;,
(4) iInsufficiency of process;,
(5) iInsufficiency of service of process;,
(6) fFailure to state a claim upon which relief can be granted;, and/or
(7) fFailure to join an indispensable party.
A motion making any of these defenses shall be made before pleading if a further pleading is permitted. No defense or objection is waived by being joined with one (1) or more other defenses or objections in a responsive pleading or motion. If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the adverse party may assert at the trial any defense in law or fact to that claim for relief. If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such motion by Rule 56. A motion or an answer presenting the defense of failure of a pleading to state a claim upon which relief can be granted shall be accompanied by a short, concise statement of the grounds on which such defense is based.
(c) Motion for Judgment on the Pleadings. After the pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the pleadings. If, on a motion for judgment on the pleadings, matters outside the pleadings are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as
