On Appeal

The AP&S Appellate Law Blog

2014 Year in Review – Construction of the Rules of Civil Procedure

Miller v. Metropolitan Property and Casualty Ins. Co., 88 A.3d 1157 (R.I. 2014): In Miller, the Supreme Court made two important pronouncements about the construction of the Rhode Island Rules of Civil Procedure. First, the Court noted that it will look to the federal courts for guidance when interpreting a state rule of procedure that is substantially similar to a federal rule of procedure. Second, the Court emphasized that “procedural rules, like statutes and ordinances, should not be understood in a manner that can only be described as ‘myopic literalism.’” (quoting Peloquin v. Haven Health Center of Greenville, LLC, 61 A.3d 419, 425 (R.I. 2013)). Therefore, the rules must be “read in [their] proper context, not viewed in isolation.”

About The Author

Nicole J. Benjamin

I am a shareholder and business litigator at AP&S. I help businesses and their legal departments achieve their objectives by reducing their liabilities, advising them on complex legal matters and defending unavoidable litigation in federal and state court.

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