R.I. Gen. Laws
Rhode Island General Laws

R.I. Gen. Laws § 9-21-6 (2026)

Allowance of appellate proceedings after time expired

✓ current as of July 2026
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When any person is aggrieved by an order, decree, decision, or judgment of the district court or of any probate court or town council from which an appeal or other review is available in the superior court and, because of accident, mistake, unforeseen cause, or excusable neglect has failed to claim his or her appeal, the superior court, if it appears that justice so requires, may, upon petition filed within ninety (90) days after the entry of the order, decree, decision, or judgment, allow an appeal to be taken and prosecuted upon such terms and conditions as the court may prescribe.

Notes of Decisions
Cited in 23 cases (1 in the last 5 years), 1963–2021 · leading case: Joyce Duffy v. Est. of Bartolomie Scire, 111 A.3d 358 (R.I. 2015).
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Joyce Duffy v. Est. of Bartolomie Scire, 111 A.3d 358 (R.I. 2015). · cites it 63× “Later, on March 14, 2011, pursuant to G.L. 1956 § 9-21-6, plaintiffs filed a motion in Superior Court arguing that the dismissal of the Probate Court appeal was improper since the delay in transmitting the Probate Court record was caused by the Probate Clerk in not preparing 6…”
Kelley v. Jepson, 811 A.2d 119 (R.I. 2002). · cites it 5× “She argued that §§ 33-23-1, 33-23-12 and G.L.1956 § 9-21-6 authorize the Superior Court to extend the time for filing the record.”
In Re Caldarone, 345 A.2d 871 (R.I. 1975). · cites it 8× “1956 (1969 Reenactment) § 9-21-6, relating to allowance of appellate proceedings after the time expiration, was repealed by P.”
Waz v. Est. of Judge, 417 A.2d 326 (R.I. 1980). · cites it 12× “1956 (1969 Reenactment) § 9-21-6, 3 as amended by P.L. 1972, ch. 169, § 7.”
Carlson v. Bedford, 828 A.2d 516 (R.I. 2003). · cites it 8× “Bedford, appeal from the entry of an order of the Superior Court granting a petition to file an out-of-time appeal from the District Court pursuant to G.L. 1956 § 9-21-6. 1 They contend that the trial justice abused her discretion when she granted the petition filed by the…”
In Re Est. of Speight, 739 A.2d 229 (R.I. 1999). · cites it 3× “In vacating the June 27, 1996 decree and reentering it as of August 20, 1996, the Probate Court judge in the instant case purported to extend the time in which the estate could bring an appeal in order to “level the playing field.”
Yetner v. Corkery Genealogical, Inc., 706 A.2d 1331 (R.I. 1998). · cites it 4× “Having missed the deadline for filing an appeal, appellant could have availed himself of the provisions of G.L. 1956 § 9-21-6. This section permits the Superior Court to entertain an appeal out of time when it can be demonstrated that the delay was attributable to accident,…”
Davtian v. Barsamian, 256 A.2d 510 (R.I. 1969). · cites it 8× “1956, §9-21-6, as amended. At oral argument, the petitioners requested that, if the desired statutory relief could not be made available to them, we treat this petition as one filed under §8-l-2 1 and issue such extraordinary writ and process as will prevent a manifest injustice.”
Steinhof v. Keefer, 224 A.2d 897 (R.I. 1966). · cites it 3× “1956, §9-21-6, as .amended, and avers that by reason of unforeseen cause and/or excusable neglect that petitioner Edward Steinhof failed to file his reasons of appeal within the time prescribed by §33-23-1, 'although his claim of appeal had been filed in the probate court,…”
Considine v. Rhode Island Dep't of Transp., 564 A.2d 1343 (R.I. 1989). “1956 (1985 Reenactment) § 9-21-6 which provides: “When any person is aggrieved by an order, decree, decision or judgment of the district court or of any probate court or town council from which an appeal or other review is available in the superior court and from accident.”
Ring v. Ring, 199 A.2d 124 (R.I. 1964). · cites it 2× “1956, §9-21-6, wherein the petitioner seeks leave to claim out of time an appeal from a final decree of the family court entered on May 3, 1963.”
Rose v. Cooper, 588 A.2d 1359 (R.I. 1991). “1956 (1985 Reenactment) § 9-21-6 (extending time for appeal to ninety days in case of accident, mistake, unforeseen cause, or excusable neglect).”
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