Rule 27. Service and Filing of Papers

(a) Service: When required. Written motions, written notices, and similar papers shall be served upon each of the parties.

(b) Making Service.

(1) Whenever under these rules service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon an attorney unless the court orders service upon the party.

(2) For attorneys and self-represented litigants who are Registered Users, service is made electronically using the EFS.

(3) For 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), service under subdivision (a) is made by:

(A) Delivering a copy to the person served by:

(i) Handing it to the person;

(ii) Leaving it at the person's office with a clerk or other person in charge or if no one is in charge, leaving it in a conspicuous place in the office; or

(iii) Leaving it at the person's dwelling house or usual place of residence with someone of suitable age and discretion residing there.

(B) Mailing a copy to the person served as set forth in Rule 33. Service by mail is complete on mailing.

(C) Any other means ordered by the court.

(c) Notice of Orders. Immediately upon the entry of an order made on a written motion subsequent to the first appearance and which is not issued orally from the bench, the clerk shall mail to each party a notice thereof and shall make a note in the docket of the mailing.

(d) Filing; No Proof of Service Required. All papers required to be served shall be filed with the court either before service or within a reasonable time thereafter. Such filing by the party or the party's attorney shall constitute a representation by the party or the party's attorney that a copy of the paper has been or will be served upon each of the other parties as required by subdivision (a) of this rule. No further proof of service is required unless an adverse party raises a question of notice. In such instances, the affidavit of the person making service shall be prima facie evidence.

(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 may permit the papers to be filed with the judicial officer, in which event the judicial officer shall note the filing date and forthwith transmit them to the office of the clerk.

(f) Effect of Failure to File. If any party to an action fails to file within five (5) days after the service of 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 is not obeyed, the court may order them to be regarded as stricken and their service to be of no effect.