Marquis v. Galasti

Summary

The court held that a trial justice must provide written facts and reasons when disallowing a draft report under Dist./Mun. Cts. R. Civ. P. 64(c)(5). Nevertheless, the defendants’ petition to establish the draft report was denied because the report was filed twenty days after judgment, beyond the ten-day deadline, and the defendants had no remaining right to appellate review.

Holdings

1. Rule 64(c)(5) requires a trial justice who disallows a draft report to set forth succinctly in writing the facts and reasons for the disallowance.
2. A party forfeits the right to appellate review by failing to file a draft report within the ten-day period prescribed by Rule 64(c)(1)(ii), absent a valid basis for extension.
3. The disposition of a motion for additional time to submit a draft report rests within the sound discretion of the trial justice.

Questions Presented

1. Whether the trial justice was required by Rule 64(c)(5) to state in writing the facts and reasons for disallowing the defendants' draft report.
2. Whether the defendants were entitled to have the draft report established despite filing it twenty days after judgment and outside Rule 64(c)(1)(ii)'s ten-day deadline.
3. Whether the denial of the defendants' motion for additional time to file the draft report was reviewable in the petition proceeding.

Disposition

writ_denied