Disclaimer: This article provides general information about service of process in Rhode Island. It does not constitute legal advice.
Detailed Answer
Service of Process Under R.I. Supreme Court Rule 4(g)
Rhode Island Supreme Court Rule 4(g) governs service on persons under disability, including minors and those under guardianship. Under Rule 4(g), you must serve the summons and complaint on both the minor (or individual under disability) and the person appointed as guardian, conservator or next friend. If a minor or incapacitated person has no guardian, you may serve an adult family member or nearest known relative. Personal delivery ensures valid service and prevents challenges to jurisdiction. For the full rule text, see the Rhode Island Supreme Court Rules of Civil Procedure: https://www.courts.ri.gov/Courts/SupremeCourt/Rules/Pages/RulesofCivilProcedure.aspx#Rule4
Statutory Requirements for Service on Guardians
Rhode Island General Laws § 33-15.1-6(c) requires that when a guardian is appointed for a minor or an incapacitated person, you must serve any legal papers on the guardian. Obtain a certified copy of the guardianship order from the probate court to verify the guardian’s name and authority. Serving the guardian ensures the ward’s interests receive proper representation in court. View the statute: http://webserver.rilin.state.ri.us/Statutes/TITLE33/33-15.1/33-15.1-6.HTM
Practical Steps
- Obtain a certified copy of the guardianship order or proof of minority.
- Hire a professional process server or certified sheriff.
- Serve both the minor or incapacitated person and the guardian in person.
- Request a signed return of service to file with the court.
- Use substituted service only if personal delivery is impractical and with court approval.
Helpful Hints
- Confirm the guardian’s appointment date and authority scope before serving.
- Keep detailed records of delivery attempts and service dates.
- Check local court rules for timing requirements after service.
- Consult an attorney if you face refusal or cannot locate a guardian.
- Consider certified mail with return receipt for additional proof.