Fast Five: Rhode Island Appellate Practice: June 2013 #2

by Adler Pollock & Sheehan P.C.


Among the many programs offered at this year’s Rhode Island Bar Association Annual Meeting was a continuing legal education program titled “Dos and Don’ts of Appellate Practice.”  The panel, moderated by my colleague, John Tarantino, 2012-2013 chair of the Rhode Island Supreme Court Bench/Bar Committee, featured Rhode Island Supreme Court Chief Justice Suttell and Justices Goldberg and Indeglia.  This edition of the Fast Five details some of the salient points made and advice given by the panelists.  


The April 2013 edition of the Fast Five on Rhode Island Appellate Practice noted that in two decisions this term, the Rhode Island Supreme Court appended to its decisions illustrations to help explain the basis for its decisions.  See DeMaio v. Ciccone, No. 2011-211-Appeal (R.I. Feb. 1, 2013); Rhode Island Mobile Sportfishermen, Inc. v. Nope’s Island Conservation Association, Inc., No. 2011-180-Appeal (R.I. Jan. 31, 2013)

During the Rhode Island Bar Association’s Annual Meeting, three justices of the Rhode Island Supreme Court indicated that demonstratives may be appropriate and useful during oral argument in particular cases.  Examples of demonstratives that the Court has found helpful include charts and plat maps demonstrating the location of a right of way. 

The justices advised practitioners to ensure that their demonstratives are legible and to advise the Court Clerk of their intention to use demonstratives.  In complex cases, practitioners may need to seek an advanced ruling from the Court giving them permission to utilize demonstratives. 


During the Bar Association’s Annual Meeting, Chief Justice Suttell offered advice to appellate practitioners looking to improve their brief writing. 

He advised that practitioners should strive to present the facts in an interesting (but not cute) way.  His recommendation on how to do that:  read Hemingway’s short stories to put you in the right frame of mind.


Appendices are governed by Rule 17 of the Rhode Island Supreme Court Rules of Appellate Procedure.  In her comments during the Annual Meeting, Justice Goldberg advised practitioners to submit well organized appendices to the Court and, in accordance with Rule 17, such appendices should include a table of contents.  In addition, where appropriate, appendices submitted to the Court should be divided into multiple volumes to avoid the submission of oversized and heavy appendices.


In their comments at the Annual Meeting, three justices of the Rhode Island Supreme Court cautioned practitioners about ad hominem in briefs.  Personal attacks have no place in appellate briefs.  Practitioners who receive briefs from opposing counsel with ad hominem should refrain from responding in kind and, in some instances, the Court may entertain a motion to strike ad hominem from a party’s brief.


Among the advice that three Rhode Island Supreme Court justices offered to practitioners at the Rhode Island Bar Association’s Annual Meeting was that those who have never handled a case before the Rhode Island Supreme Court and those who appear before the Court infrequently should consider engaging an appellate practitioner to assist with their appeal.

Written by:

Adler Pollock & Sheehan P.C.

Adler Pollock & Sheehan P.C. on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at:

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.