Rule 1 - Actions Subject to Arbitration and Mandatory Electronic Filing(a)Types of Actions; Exceptions. All civil actions filed in the Superior Court in which there is a claim or there are claims for monetary relief not exceeding $100,000 total, exclusive of interest, costs, and attorneys' fees, and district court appeals as determined from the arbitration certificate filed by counsel, are subject to court-annexed arbitration under these Superior Court Rules Governing Arbitration of Civil Actions (Arbitration Rules) except actions: (2) In which there is a substantial claim for injunctive or declaratory relief;(3) Involving: (B) Title to real estate,(C) Wills and decedents' estates,(D) Landlord and tenant, or(4) Which are cognizable on the formal and special cause calendar;(5) Involving a claim for monetary recovery in an unspecified amount later to be determined by an accounting or otherwise, if the claimant certifies in the pleading asserting the claim that the amount of the claim will actually exceed $100,000; or(6) Which are certified by a party to be companion or related to similar actions pending in other courts with which the action might be consolidated but for lack of jurisdiction or venue.(b)Arbitration by Agreement. The court may submit any other civil action to arbitration under these Arbitration Rules or any modification thereof, pursuant to agreement by the parties approved by the court provided that the parties agree in writing that the award shall be binding. (c)Court-Ordered Arbitration in Cases Having Excessive Claims. The court may order any case submitted to arbitration under these Arbitration Rules at any time before trial if it finds that the amount actually in issue is $100,000 or less, even though a greater amount is claimed. (d)Exemption and Withdrawal from Arbitration. The court may exempt or withdraw any action from arbitration on its own motion or on motion of a party made not less than ten (10) days before the arbitration hearing and a showing that: (1) The amount of the claim(s) exceed(s) $100,000;(2) The action is excepted from arbitration under Rule 1(a); or(3) For good cause shown.(e)Arbitration Certification. Upon the filing of the last responsive pleading counsel for a party, within three (3) days thereof shall, with the exception of actions under section (a)(1) through (6) hereof, file an Court Annexed Arbitration Certificate Arbitration Certification of Counsel specifying the amount of the claim. (As amended by the court on July 19, 1993.) The most current version of the Court Annexed Arbitration Certificate is located on the Judiciary's website at www.courts.ri.gov under the heading of Public Resources, Forms.(f)Mandatory Electronic Filing. In accordance with Art-icle. X of the Rhode Island Supreme Court Rules Governing Electronic Filing, electronic filing is mandatory for arbitration 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-icle. X, Rule 3(c). Self-represented litigants may electronically file documents in accordance with Art-icle. X, Rule 3(b) but are not required to do so. The Arbitration Rules must be read in conjunction with Art-icle. 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-icle. 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 Arbitration Rules require 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)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 case management system (CMS). (D) Filing. Where the Arbitration Rules require a document to be filed, it shall mean electronic filing using the EFS unless stated otherwise. (E)Notice. Where the Arbitration Rules require notice to be given, it shall mean electronic notice using the EFS unless stated otherwise. (F)Registered User. An individual or entity with an assigned username and password authorized by the Judiciary to access and utilize the EFS. (G)Service. Where the Arbitration Rules require a document or information to be served, sent, delivered, or forwarded, service shall be in accordance with Super.R.Civ.P. 5(b). (H)Signature. Where the Arbitration Rules require an electronic signature on any document, the signature shall be reflected as /s/ NAME unless stated otherwise.(2)Electronic Filing of Documents. When using the EFS: (A) All Case Initiating Document(s), including any required documents, attachments, or exhibits, shall be submitted individually as separate files within the same initial submission or filing; (B) All subsequent pleadings, motions, and other papers, shall be submitted individually with related documents submitted as separate files within the same submission or filing (for example, a motion and memorandum or other supporting attachments or exhibits filed in support of a motion); and(C) Categories of items such as bills, receipts, invoices, photographs, etc. may be submitted in one attachment. For specific requirements, see the Superior Court's Electronic Filing System Guidelines. (3)Clerk Review; Acceptance/Rejection Procedure: Following submission, the Arbitration Office shall timely review the electronically filed document(s) and shall notify the filing party as to whether the filing is accepted or rejected. Upon acceptance, the submitted document(s) shall be entered into the docket of the case and the docket shall reflect the date and time of filing as set forth in Art-icle. X, Rule 5(b) of the Rhode Island Supreme Court Rules Governing Electronic Filing. In accordance with Art-icle. X, Rule 5(c), grounds for the rejection of a document submitted to the EFS for arbitration cases in the Superior Court are limited in scope as follows:(A)Documents filed without a signature where required; (B) Pleadings filed without the required documents as set forth in the Superior Court's Electronic Filing System Guidelines;(C)Documents not filed in accordance with Rule 1(f)(2);(D) Documents, including any required documents, attachments, or exhibits, scanned in the wrong orientation, e.g., upside down or backwards;(E) Documents scanned and filed that are unreadable or illegible;(F) Documents filed in a fillable portable document format (PDF);(G) The document filed does not match the selected filing code type;(H) The document is filed into the wrong case;(I) The document contains the wrong or incomplete case caption;(J) The document is filed with no case identification;(K) The document was improperly scanned or uploaded;(L) The party name, party address, or document name exceeds the number of allotted characters in the EFS;(M) The filer added a party or participant that is not configured in the CMS or does not match the information in the case;(N) A payment processing error occurred; and/or(O) A technical submission error occurred.Last amended 11/5/2014; amended effective 3/23/2021.