A Practical Guide to Discovery and Depositions in Rhode Island

Essential steps to take in litigation

Product Number: 2265619WFM
Publication Date: 9/3/2025
Edition: 4th Edition 2025
Copyright: © 2025 MCLE, Inc.
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A Practical Guide to Discovery and Depositions in Rhode Island

Essential steps to take in litigation

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Checklist for a Discovery Plan in a Contested Case Before an Administrative Agency Checklist 29.1 from A Practical Guide to Discovery and Depositions in Rhode Island $15.00; Members $13.50; New Lawyers $7.50 Free for OnlinePass subscribers.

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Product Description
Product Description

This comprehensive manual is your best "how to" source for creating a discovery plan, drafting effective interrogatories and requests for production, conducting depositions, and taking on more than two dozen other challenges in modern-day discovery practice. Whether you're a beginning lawyer or a highly experienced litigator, A Practical Guide to Discovery and Depositions in Rhode Island has you covered.

Recent updates:
- Update: September 2025
  Dear Subscriber:
  
  Thank you for updating your library with the 2025 edition of A Practical Guide to Discovery and Depositions in Rhode Island offering the latest answers to your practice challenges. Highlights from the most recent developments include
  - pending amendments to Rhode Island court rules that will affect deposition practice as well as electronic filing and remote communications procedures;
  - the scope of records protection under the Access to Public Records Act and the Driver's Privacy Protection Act;
  - guidance on the use of artificial intelligence in litigation practice;
  - case law on the use of social media accounts to obtain information on a litigation opponent;
  - a Rhode Island Supreme Court case commenting on the authenticity of text messages and emails;
  - the discoverability of a surveillance video held by the opposing party;
  - the use of requests for admissions to establish facts and narrow the issues for trial;
  - the application of the Uniform Interstate Deposition and Discovery Act (UIDDA);
  - the obligation to preserve electronically stored information (ESI) and the use of technology-assisted review (TAR) to search ESI for relevant materials;
  - remedies for spoliation and related types of discovery misconduct; and
  - the use of subpoenas to obtain evidence from third parties.
  We trust you will find the 2025 edition of A Practical Guide to Discovery and Depositions in Rhode Island a valuable resource, as we at MCLE continue our efforts to bring you the latest solutions to the issues you face in your practice.
  
  Cordially,
  
  MCLE Press
Table of Contents

Table of Contents
expand all

Chapter 01 expand

An Introduction to Rhode Island Discovery Practice
Buy Chapter
Hon. Patricia A. Hurst, Rhode Island Superior Court

Chapter 02 expand

Analyzing Discovery and Investigation Issues
Buy Chapter
Keith E. Fayan, Esq., Fayan Law, P.C.

Exhibit 2A
- Lawyers’ Obligations to Clients: Standards for Professional Conduct Within the Rhode Island Judicial System (App. I, Supreme Court Rules of Professional Conduct) Buy Form

Exhibit 2B
- Lawyers’ Obligations to Opposing Parties and Their Clients: Standards for Professional Conduct Within the Rhode Island Judicial System (App. I, Supreme Court Rules of Professional Conduct) Buy Form

Chapter 03 expand

Creating a Discovery Plan
Buy Chapter
Mark H. Grimm, Esq., Marasco & Nesselbush LLP

Exhibit 3A
- HITECH Letter from Client Buy Form

Exhibit 3B
- Sample Rule 30(b)(6) Deposition Notice Buy Form

Exhibit 3C
- Sample Miscellaneous Petition to Produce Records Buy Form

Exhibit 3D
- Sample Miscellaneous Petition to Perpetuate Testimony Buy Form

Exhibit 3E
- Motion to Modify Scheduling Order Buy Form

Chapter 04 expand

Selected Case Investigation Techniques
Buy Chapter
Armando E. Batastini, Esq., Nixon Peabody LLP
Madeline A. Coburn, Esq., Nixon Peabody LLP

Checklist 4.1
- Checklist for Client Interviews Buy Form

Chapter 05 expand

Conducting Internal Investigations
Buy Chapter
Mark T. Reynolds, Esq., Reynolds, Demarco & Boland Ltd

Exhibit 5A
- Selected Bibliography Buy Form

Chapter 06 expand

Obtaining Information from Rhode Island State and Local Government Sources
Buy Chapter
Michael W. Field, Esq., Attorney General Civil Division

Exhibit 6A
- Sample Request Letter Buy Form

Exhibit 6B
- Sample Denial Letter Buy Form

Exhibit 6C
- State Agencies Contact Information Buy Form

Exhibit 6D
- Municipal Government Contact Information Buy Form

Chapter 07 expand

Using the Internet in Discovery and Investigation
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Michael Patrick Quinn, Jr., Esq., Decof, Barry, Mega & Quinn, P.C.

Chapter 08 expand

Spoliation and Preservation of Evidence
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Erica M. O'Connell, Esq., Bianchi Brouillard Sousa & O'Connell, PC

Exhibit 8A
- Sample Jury Instruction on Spoliation Buy Form

Chapter 09 expand

Protecting Confidential and Privileged Information Before and During Discovery
Buy Chapter
John L. Calcagni, III., Esq., Law Office of John L. Calcagni, III

Exhibit 9A
- Sample Email Buy Form

Exhibit 9B
- Sample Fax Coversheet Buy Form

Exhibit 9C
- Sample Privilege Log Buy Form

Exhibit 9D
- Sample Motion for Protective Order Buy Form

Exhibit 9E
- Sample Protective Order Buy Form

Exhibit 9F
- Stipulated Confidentiality Order Buy Form

Exhibit 9G
- Sample Stipulated “Counsel Only” Protective Order Buy Form

Chapter 10 expand

Interrogatories
Buy Chapter
Peter J. Comerford, Esq., Coia & Lepore, Ltd

Exhibit 10A
- Plaintiffs’ Motion to Compel Defendant’s Answers to Interrogatories and Request for Production Buy Form

Exhibit 10B
- Conditional Order Buy Form

Exhibit 10C
- Plaintiff’s Interrogatories Propounded to Defendant Buy Form

Exhibit 10D
- Defendant’s Interrogatories Propounded to Plaintiff Buy Form

Chapter 11 expand

Production of Documents, Electronically Stored Information, and Things; Entry upon Land for Inspection for Other Purposes
Buy Chapter
Stanley F. Pupecki, Esq., Pierce Atwood LLP

Exhibit 11A
- Sample Request for Production of Documents Buy Form

Exhibit 11B
- Sample Response to Request for Production of Documents Buy Form

Chapter 12 expand

Organizing Documents Identified During Discovery; Document Management by Going Paperless
Buy Chapter
Timothy J. Conlon, Esq., Darrow Everett LLP
Laura C. Harrington, Esq., Harrington Law Group, PC

Chapter 13 expand

Depositions
Buy Chapter
John S. Foley, Esq., Foley Cerilli, PC

Chapter 14 expand

Deposing Medical and Technical Experts
Buy Chapter
Patrick C. Barry, Esq.,

Exhibit 14A
- Recent Significant Changes to Rule 86 of the Rhode Island Superior Court Rules of Civil Procedure Buy Form

Exhibit 14B
- Sample Language Requesting That Deponent Bring Documents to Deposition Buy Form

Chapter 15 expand

Audiovisual Depositions
Buy Chapter
Megan Maciasz DiSanto, Esq., The City of Providence, Solicitors Office
Jeffrey M. Padwa, Esq., PADWA LAW

Exhibit 15A
- Stipulation for a Video Deposition Buy Form

Chapter 16 expand

The Recordkeeper Deposition
Buy Chapter
Michael R. Bottaro, Esq., Bottaro Law Firm, LLC

Exhibit 16A
- Sample Cover Letter to Enclose with Subpoena Duces Tecum Buy Form

Exhibit 16B
- Sample KOR Deposition Questions (Records Only) Buy Form

Exhibit 16C
- Sample KOR Deposition (Live Testimony) Buy Form

Chapter 17 expand

Rule 30(b)(6)
Buy Chapter
Paul M. Kessimian, Esq., Partridge Snow & Hahn LLP
Howard A. Merten, Jr., Esq., Partridge Snow & Hahn LLP

Checklist 17.1
- Checklist of 30(b)(6) Preliminary Matters Buy Form

Exhibit 17A
- Sample Notice of Rule 30(b)(6) Deposition Buy Form

Chapter 18 expand

Deposing Accountants and Economists
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Raymond M. Ripple, Esq., Bowditch & Dewey LLP

Checklist 18.1
- Checklist of Information Needed for Economic Appraisal Buy Form

Chapter 19 expand

Physical and Mental Examinations
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Sean K. Brousseau, Esq., Hodosh, Spinella & Angelone PC

Chapter 20 expand

Requests for Admissions
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Maurice J. Cusick, Esq.,

Chapter 21 expand

Obtaining Medical Records
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Gil A. Bianchi, Esq., Bianchi Brouillard Sousa & O'Connell, P.C.

Exhibit 21A
- R.I.G.L. § 5-37.3-4 Buy Form

Exhibit 21B
- Sample Authorization for Use of Protected Health-Care Information Buy Form

Chapter 22 expand

Attorney-Client Communications Privilege and the Work-Product Doctrine
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John F. Kelleher, Esq., LaSalle & Kelleher, P.C.

Chapter 23 expand

Discovery from Out-of-State and Foreign Nonparty Witnesses
Buy Chapter
William Maxwell Daley, Esq., Robinson+Cole LLP
Dana M. Horton, Esq., Robinson+Cole LLP

Exhibit 23A
- Motion for Issuance of Commissions Buy Form

Exhibit 23B
- Order for Commission to Take Deposition and Issue Out-of-State Subpoena Buy Form

Exhibit 23C
- Proposed Order Pursuant to New Jersey Court Rule 4:11-4 Buy Form

Exhibit 23D
- Subpoena for Issuance to New Jersey Witness Buy Form

Exhibit 23E
- Deposition Notice Buy Form

Exhibit 23F
- Uniform Law Commission, Uniform Interstate Deposition and Discovery Act: A Summary Buy Form

Exhibit 23G
- Uniform Law Commission, How to Use the Uniform Interstate Deposition and Discovery Act Buy Form

Exhibit 23H
- Application for Issuance of Request for the Examination of Witness Pursuant to the Hague Convention for the Taking of Evidence Abroad Buy Form

Exhibit 23I
- Request for International Judicial Assistance Pursuant to the Hague Convention Buy Form

Exhibit 23J
- Sample Cover Letter Buy Form

Exhibit 23K
- Originating Motion and Associated Papers for Filing with Australian Court Buy Form

Exhibit 23L
- Rhode Island Uniform Interstate Deposition and Discovery Act Buy Form

Exhibit 23M
- Rhode Island Foreign Subpoena Civil Form (Superior-70) Buy Form

Exhibit 23N
- Miscellaneous Petition for Issuance of Subpoena(s) to Compel Deposition and/or Inspection of Documents for Use in an Out-of-State Action Buy Form

Exhibit 23O
- Motion for Order to Issue Subpoena for Use in Foreign Litigation Buy Form

Exhibit 23P
- Proposed Order Issuing Subpoena in Rhode Island for Use in Foreign Litigation Buy Form

Exhibit 23Q
- Bibliography Buy Form

Chapter 24 expand

Discovery Motions and Appeals
Buy Chapter
Kelly Fracassa, Esq., Naccarato & Fracassa

Exhibit 24A
- Motion to Shorten Time to Serve Answers to Interrogatories Buy Form

Exhibit 24B
- Motion to Compel Answer to Deposition Question Buy Form

Exhibit 24C
- Motion to Compel Answers to Interrogatories Buy Form

Exhibit 24D
- Motion to Compel Attendance at Deposition Buy Form

Exhibit 24E
- Motion to Compel More Responsive Answers to Interrogatories Buy Form

Exhibit 24F
- Motion to Compel Production of Documents Buy Form

Exhibit 24G
- Motion to Default Buy Form

Exhibit 24H
- Motion to Dismiss Buy Form

Exhibit 24I
- Motion to Determine Sufficiency of Responses to Request for Admissions Buy Form

Exhibit 24J
- Motion to Overrule Discovery Objections Buy Form

Exhibit 24K
- Motion for Entry of Final Judgment of Dismissal Buy Form

Exhibit 24L
- Motion to Take Deposition Less than Thirty Days After Service of Complaint Buy Form

Exhibit 24M
- Motion to File Request for Production with Response Date of _____ Buy Form

Exhibit 24N
- Motion to Propound More than Thirty Interrogatories Buy Form

Exhibit 24O
- Motion for Protective Order Buy Form

Exhibit 24P
- Motion to Take Deposition by Telephone or by Other Remote Electronic Means Buy Form

Chapter 25 expand

Electronic Discovery
Buy Chapter
William Maxwell Daley, Esq., Robinson+Cole LLP
Dana M. Horton, Esq., Robinson+Cole LLP

Exhibit 25A
- E-Discovery Bibliography Buy Form

Exhibit 25B
- Excerpt from the Sedona Guidelines (Best Practice Guidelines & Commentary for Managing Information & Records in the Electronic Age, Second Edition) Buy Form

Exhibit 25C
- Sample Litigation Hold Notice to Client Buy Form

Exhibit 25D
- Sample Electronic Discovery Outline for Preparing or Deposing a Business Witness Buy Form

Exhibit 25E
- Sample Questionnaire for Interviewing Client Technology Personnel Buy Form

Exhibit 25F
- Preservation Notice (Three Examples) Buy Form

Exhibit 25G
- Model Order Regarding Preservation Buy Form

Exhibit 25H
- Federal Rule of Evidence 508 Buy Form

Exhibit 25I
- Rhode Island Rule of Evidence 508 Buy Form

Exhibit 25J
- Sample Clawback Order Buy Form

Chapter 26 expand

Discovery Relating to Experts
Buy Chapter
Jennifer A. Barry, Esq., Decof, Decof & Barry

Exhibit 26A
- Sample Expert Interrogatory Buy Form

Exhibit 26B
- Sample Scheduling Order Buy Form

Chapter 27 expand

Differences Between Federal and State Discovery Practice
Buy Chapter
David R. Fitzpatrick, Esq., Littler Mendelson, PC
Brooks R. Magratten, Esq., Pierce Atwood LLP

Chapter 28 expand

Discovery Before the Rhode Island Commission for Human Rights
Buy Chapter
John C. Bogue, Jr., Esq., Rhode Island Commission for Human Rights
Lauren E. Hill, Esq.,

Chapter 29 expand

Discovery in Alternative Forums—Administrative Agencies
Buy Chapter
Sonja L. Deyoe, Esq., Law Offices of Sonja L. Deyoe

Checklist 29.1
- Checklist for a Discovery Plan in a Contested Case Before an Administrative Agency Buy Form

Chapter 30 expand

Rhode Island Superior Court’s Business Calendar
Buy Chapter
Jeffrey S. Brenner, Esq., Nixon Peabody LLP
William Wynne, Esq., Nixon Peabody LLP

Chapter 31 expand

Discovery for Court-Annexed Arbitrations and Mediations
Buy Chapter
Jessica Basso, Esq., Basso Law LLC

Chapter 32 expand

Discovery in Medical Negligence Cases
Buy Chapter
Joshua E. Carlin, Esq., Hanson Curran LLP

Exhibit 32A
- Sample Interrogatories in a Medical Malpractice Case, Issued by Defendant Buy Form

Exhibit 32B
- Sample Document Request Buy Form

Chapter 33 expand

Discovery in Mass Tort Litigation/Consolidated Cases
Buy Chapter
Christina M. Behm, Esq., Motley Rice LLC
Jonathan D. Orent, Esq., Motley Rice LLC

Exhibit 33A
- Sample Docket Control Order Buy Form

Exhibit 33B
- Sample Production of Physically Stored and Electronically Stored Information Protocol Buy Form

Exhibit 33C
- Sample Stipulation Regarding Collection, Division and Preservation of Pathology Materials Buy Form

Exhibit 33D
- Sample Protective and Confidentiality Order Buy Form

Exhibit 33E
- Sample Order for Master Discovery Sets Buy Form

Exhibit 33F
- Ex Parte Communication with Treating Physicians Buy Form
Editors & Authors

Editor(s)

Hon. Patricia A. Hurst, Rhode Island Superior Court, Providence

Mark B. Morse, Esq., Law Office of Mark B. Morse, Providence

Ethical Commentator(s)

Barbara L. Margolis, Esq., Rhode Island Supreme Court, Office of Disciplinary Counsel, Warwick

Author(s)

Jennifer A. Barry, Esq., Decof, Decof & Barry, Providence

Patrick C. Barry, Esq.,

Jessica Basso, Esq., Basso Law LLC, Providence

Armando E. Batastini, Esq., Nixon Peabody LLP, Providence

Christina M. Behm, Esq., Motley Rice LLC, Providence

Gil A. Bianchi, Esq., Bianchi Brouillard Sousa & O'Connell, P.C., Providence

John C. Bogue, Jr., Esq., Rhode Island Commission for Human Rights, Providence

Michael R. Bottaro, Esq., Bottaro Law Firm, LLC, Providence

Jeffrey S. Brenner, Esq., Nixon Peabody LLP, Providence

Sean K. Brousseau, Esq., Hodosh, Spinella & Angelone PC, Providence

John L. Calcagni, III., Esq., Law Office of John L. Calcagni, III, Providence

Joshua E. Carlin, Esq., Hanson Curran LLP, Providence

Madeline A. Coburn, Esq., Nixon Peabody LLP, Providence

Peter J. Comerford, Esq., Coia & Lepore, Ltd, Providence

Timothy J. Conlon, Esq., Darrow Everett LLP, Providence

Maurice J. Cusick, Esq., Newport

William Maxwell Daley, Esq., Robinson+Cole LLP, Providence

Sonja L. Deyoe, Esq., Law Offices of Sonja L. Deyoe, Providence

Megan Maciasz DiSanto, Esq., The City of Providence, Solicitors Office, Providence

Keith E. Fayan, Esq., Fayan Law, P.C., Cumberland

Michael W. Field, Esq., Attorney General Civil Division, Providence

David R. Fitzpatrick, Esq., Littler Mendelson, PC, Providence

John S. Foley, Esq., Foley Cerilli, PC, Providence

Kelly Fracassa, Esq., Naccarato & Fracassa, Westerly

Mark H. Grimm, Esq., Marasco & Nesselbush LLP, Providence

Laura C. Harrington, Esq., Harrington Law Group, PC, Newport

Lauren E. Hill, Esq., Providence

Dana M. Horton, Esq., Robinson+Cole LLP, Providence

Hon. Patricia A. Hurst, Rhode Island Superior Court, Providence

John F. Kelleher, Esq., LaSalle & Kelleher, P.C., Providence

Paul M. Kessimian, Esq., Partridge Snow & Hahn LLP, Providence

Brooks R. Magratten, Esq., Pierce Atwood LLP, Providence

Howard A. Merten, Jr., Esq., Partridge Snow & Hahn LLP, Providence

Erica M. O'Connell, Esq., Bianchi Brouillard Sousa & O'Connell, PC, Providence

Jonathan D. Orent, Esq., Motley Rice LLC, Providence

Jeffrey M. Padwa, Esq., PADWA LAW, Providence

Stanley F. Pupecki, Esq., Pierce Atwood LLP, Providence

Michael Patrick Quinn, Jr., Esq., Decof, Barry, Mega & Quinn, P.C. , Providence

Mark T. Reynolds, Esq., Reynolds, Demarco & Boland Ltd, Providence

Raymond M. Ripple, Esq., Bowditch & Dewey LLP, Boston

William Wynne, Esq., Nixon Peabody LLP, Providence

TOP

A Practical Guide to Discovery and Depositions in Rhode Island

Essential steps to take in litigation

A Practical Guide to Discovery and Depositions in Rhode Island

Essential steps to take in litigation

Your Selection:

Product Description

Recent updates:

Table of Contents

An Introduction to Rhode Island Discovery Practice

Analyzing Discovery and Investigation Issues

Exhibit 2A

Exhibit 2B

Creating a Discovery Plan

Exhibit 3A

Exhibit 3B

Exhibit 3C

Exhibit 3D

Exhibit 3E

Selected Case Investigation Techniques

Checklist 4.1

Conducting Internal Investigations

Exhibit 5A

Obtaining Information from Rhode Island State and Local Government Sources

Exhibit 6A

Exhibit 6B

Exhibit 6C

Exhibit 6D

Using the Internet in Discovery and Investigation

Spoliation and Preservation of Evidence

Exhibit 8A

Protecting Confidential and Privileged Information Before and During Discovery

Exhibit 9A

Exhibit 9B

Exhibit 9C

Exhibit 9D

Exhibit 9E

Exhibit 9F

Exhibit 9G

Interrogatories

Exhibit 10A

Exhibit 10B

Exhibit 10C

Exhibit 10D

Production of Documents, Electronically Stored Information, and Things; Entry upon Land for Inspection for Other Purposes

Exhibit 11A

Exhibit 11B

Organizing Documents Identified During Discovery; Document Management by Going Paperless

Depositions

Deposing Medical and Technical Experts

Exhibit 14A

Exhibit 14B

Audiovisual Depositions

Exhibit 15A

The Recordkeeper Deposition

Exhibit 16A

Exhibit 16B

Exhibit 16C

Rule 30(b)(6)

Checklist 17.1

Exhibit 17A

Deposing Accountants and Economists

Checklist 18.1

Physical and Mental Examinations

Requests for Admissions

Obtaining Medical Records

Exhibit 21A

Exhibit 21B

Attorney-Client Communications Privilege and the Work-Product Doctrine

Discovery from Out-of-State and Foreign Nonparty Witnesses

Exhibit 23A

Exhibit 23B

Exhibit 23C

Exhibit 23D

Exhibit 23E

Exhibit 23F

Exhibit 23G

Exhibit 23H

Exhibit 23I

Exhibit 23J

Exhibit 23K