Rule 26. Agreements

All agreements of parties or attorneys touching the business of the Supreme Court shall be in writing. An agreement not in writing will be invalid. Rule 26A. Withdrawal and excusal of attorneys.

(a) Withdrawal of Attorney. No attorney who has appeared in any case before the Supreme Court, either by entry of appearance, filing of notice of appeal, or who was attorney of record in a trial court at the time a notice of appeal was filed either by the attorney or by the attorney for the adverse party, will be allowed to withdraw without the consent of the Court. Except where another attorney enters an appearance at the time of such withdrawal, all requests to withdraw shall be upon motion with reasonable notice to the party represented and to the adverse party. No such motion shall be granted unless the attorney who seeks to withdraw shall file with the Clerk of the Supreme Court the last known address of the attorney's client, or the client files the client's address, and in either situation the address which is filed shall be the official address to which notices may be sent. A motion for withdrawal shall be accompanied by an affidavit setting forth facts showing the military status of the client or by a written statement of the client consenting to such withdrawal. In the event that an attorney is permitted to withdraw, the attorney shall notify the client in writing that the attorney's motion to withdraw has been granted. The attorney shall further notify the client of the client's obligation to file prebriefing statements and also of the client's obligation to file briefs pursuant to the time schedule set forth in Rule 12A or Rule 16, as said rules may be applicable.

(b) Excusal from Attendance. An attorney's request to be excused from attendance from appearances before the Supreme Court shall be filed with the Clerk as far in advance as possible and absent an emergency no later than thirty (30) days from the earliest excusal date being requested. A written request shall be sent by email to supremecourtexcusal@courts.ri.gov and shall be served upon the attorney of record of the adverse party for all matters the moving attorney has pending before this Court. The submission shall contain the following information:

(1) The period of time for which the excusal is requested;

(2) The basis for the request. Where the submission is based upon a matter which is personal or confidential in nature, the movant may request a conference with the Chief Justice prior to the filing of the motion;

(3) The file number and caption of every case in which the attorney has entered an appearance during the period for which the excusal is sought and the name of the attorney of record for each of the adverse parties to that case;

(4) Where the movant has no case assigned for hearing or conference during the period for which the excusal is sought, a representation of that fact shall be made; and

(5) A certification that the movant has served a copy of the submission on each attorney of record for each of the adverse parties in all cases in which the movant has entered an appearance. An attorney of record for an adverse party who objects to the submission shall file an objection with the Clerk of the Supreme Court immediately upon receipt of the submission. Excusal from attendance at a proceeding before the Supreme Court does not excuse attorneys from filing deadlines. Extensions of time to extend filing deadlines must be sought in accordance with Rule 20. Rule 26B. Signing of Papers; Sanctions. In accordance with Article X, Rule 7 of the Rhode Island Supreme Court Rules Governing Electronic Filing, every paper of a party represented by an attorney shall be personally signed by at least one (1) attorney of record in the attorney's individual name and shall state the attorney's address, email address, bar number, and telephone number. A self-represented litigant shall personally sign all papers and state the self-represented litigant's address, email address (if electing to utilize the electronic filing system), and telephone number. The signature of an attorney, self-represented litigant, or party constitutes a certificate by the signer that the signer has read the paper; that to the best of the signer's knowledge, information, and belief formed after reasonable inquiry the 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 the 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 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, the paper shall be stricken. If a paper is signed in violation of this rule, the Supreme Court, upon motion or upon its own initiative, may impose upon the person who signed the 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 paper, including a reasonable attorney's fee.