R.I. R. Civ. Arb. 5

As amended through June 7, 2024
Rule 5 - Trial.
(a)Trial as of Right. Any party not in default for a reason which may result in judgment by default who is dissatisfied with an arbitrator's award may have a trial as of right upon filing a written rejection of the award on an approved form within thirty (30) days after the arbitrator's award has been filed, or within thirty (30) days after an adverse determination of a Rule 3(j) motion to rehear. The most current version of the Rejection of Arbitrator's Award is located on the Judiciary's website at www.courts.ri.gov under the heading of Public Resources, Forms.
(b)Filing Fee. A party rejecting an award shall post a filing fee of $300.00 with the Superior Court Arbitration Office.
(c)Multi-Party Case. In consolidated cases and in those involving multiple parties, crossclaims, counterclaims, and third party claims, a rejection by any one (1) party will cause the entire civil action or actions to proceed to trial in the normal course.
(d)No Reference to Arbitration. A trial shall be conducted as if there had been no arbitration proceeding. No reference may be made to prior arbitration proceedings in the presence of jury without the consent of all parties to the arbitration and/or the approval of the court.
(e)No Evidence of Arbitration Admissible. No evidence that there have been arbitration proceedings or any fact concerning them may be admitted in a trial, or in any other proceedings, without the consent of all parties to the arbitration and/or the approval of the court.
(f)Arbitrator not to be Called as Witness. An arbitrator may not be deposed or called as a witness to testify concerning anything said or done in an arbitration proceeding. The notes of the arbitrator are privileged and not subject to discovery.
(g) Arbitrator's Immunity. The arbitrator shall have immunity to the same extent as a trial justice with respect to actions of the arbitrator in the arbitration proceeding.

R.I. R. Civ. Arb. 5

Last amended 11/5/2014.