Rule 16 - Summons Upon Petition(a) Summons: Form. The summons shall bear the Signature of the clerk, be under the seal or watermark of the court (which shall be generated by the CMS), identify the court, and be directed to the parent or person acting as a parent. The summons shall also state the time, date, and location the respondent must appear and defend and shall notify the respondent that failure to do so may result in a fine or imprisonment. The court may allow a summons to be amended.(b) Summons: Issuance. The summons, as provided in subdivision (a) of this rule, shall be issued in the following manner:(1) For attorneys who are Registered Users, a summons shall be generated by the court and attached to the case following the acceptance of the petition and all other required documents by the court. Registered Users can retrieve the summons through the Public Portal; and(2) For attorneys who are granted a waiver pursuant to Article X, Rule 3(c) of the Rhode Island Supreme Court Rules Governing Electronic Filing who do not elect to electronically file pursuant to Article X, Rule 3(b):(A) A summons shall be generated electronically by the court and handed to the attorney at the time of filing the petition and all other required documents at the clerk's office;(B) If the petition and all other required documents are mailed to the court, a summons shall be generated electronically by the court and mailed to the attorney if a self-addressed envelope is included; or(C) If the petition and all other required documents are mailed to the court, a summons shall be generated electronically by the court and the attorney may obtain the summons at the clerk's office. The petitioner's attorney shall deliver to the person who is to make service the original summons upon which to make return of service and a copy of the summons, petition, Language Assistance Notice, and all other required documents for service upon the respondent. Additional summonses may be issued against any respondent.
(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, by any other person authorized by law, or by some person designated by the court for that purpose. Designated appointments to serve process shall be made freely when substantial savings in travel fees will result.(d) Summons: Personal Service. The summons, petition, Language Assistance Notice, and all other required documents shall be served together. The petitioner shall furnish the person making service with such copies as are necessary. Service shall be made as follows:(1) Upon a parent or person acting as a parent, other than an incompetent person by: (i) Delivering a copy of the summons, petition, Language Assistance Notice, and all other required documents to the respondent personally;(ii) Delivering a copy of the summons, petition, Language Assistance Notice, and all other required documents by leaving copies thereof at the respondent's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein; or(iii) Any other method ordered by the court to give notice of the action to the respondent upon a showing that after diligent effort the process server was unable to serve the respondent personally.(2) Upon a parent or person acting as a parent for whom a guardian or conservator has been appointed by serving copies of the summons, petition, 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 the state by delivering a copy of the summons, petition, Language Assistance Notice, and all other required documents to the Office of the Attorney General.(e) Service by Publication. Whenever in an action described in subdivision (d) of this rule complete service cannot with due diligence be made by another prescribed method, the court shall order service by publication of a notice of the action in one (1) or more newspapers in such form and for such length of time as the court shall direct. If a statute expressly provides for service of process by publication, publication shall be in the form and manner provided by such statute.(f) Proof of Service. The person serving the process shall make proof of service thereof on the original process or a paper attached thereto for that purpose, and shall forthwith return it to the petitioner's attorney. If service is made other than by a duly authorized officer in accordance with Title 9, Chapter 5 (Writs, Summons, and Process) of the Rhode Island General Laws, that person shall make affidavit thereof. A copy of any return receipt received in connection therewith shall be filed by the petitioner's attorney when returned. The petitioner's attorney shall, within the time during which the person served must respond to the process, file the proof of service with the court. Failure to make timely proof of service does not affect the validity of the service.(g) Amendment. At any time in the court's discretion and upon such terms as the court deems just, the court may allow any process or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued.Adopted March 1, 2019, effective 7/1/2019; amended April 30, 2019, effective 11/4/2019; amended November 5, 2019, effective 1/6/2020.