reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.2 - Traffic Tribunal › Section 8-8.2-15. - Transfer of employees.

§ 8-8.2-15. Transfer of employees.
All employees of the administrative adjudication court deemed by the chief judge of the district court, with the approval of the chief justice of the supreme court, and subject to the labor laws of this state and any applicable collective bargaining agreement, to be essential to the operation of the traffic tribunal are hereby transferred to the said traffic tribunal. The chief judge of the district court shall, subject to the approval of the chief justice of the supreme court, and subject to any applicable collective bargaining agreement, assign appropriate titles and duties to said employees and shall promulgate a listing of said titles and duties within six (6) months from July 1, 1999.
History of Section.
P.L. 1999, ch. 218, art. 4, § 1; P.L. 2012, ch. 415, § 13.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.2 - Traffic Tribunal › Section 8-8.2-16. - Interpretation.

§ 8-8.2-16. Interpretation.
Whenever, in the general laws, the words administrative adjudication court shall appear, said words shall be construed and interpreted as, and to mean, the traffic tribunal. Whenever, in the general laws, the words administrator/clerk of the administrative adjudication court shall appear, said words shall be interpreted and construed as, and to mean, clerk of the traffic tribunal. Except as provided in §§ 8-8.2-6, 8-8.2-7, 8-8.2-8, 8-8.2-9, 8-8.2-11, and 8-8.2-12, whenever, in the general laws, the words judge of the administrative adjudication court shall appear, said words shall be construed and interpreted as, and to mean, judge or magistrate of the traffic tribunal.
History of Section.
P.L. 1999, ch. 218, art. 4, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.2 - Traffic Tribunal › Section 8-8.2-17. - Repealed.

§ 8-8.2-17. Repealed.
History of Section.
P.L. 1999, ch. 218, art. 4, § 1; Repealed by P.L. 2007, ch. 73, art. 3, § 8, effective August 1, 2007.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.2 - Traffic Tribunal › Section 8-8.2-18. - Custody of records.

§ 8-8.2-18. Custody of records.
The traffic tribunal established by this chapter shall have custody of all records, books, and papers of the administrative adjudication court heretofore existing. All proceedings and processes pending in the administrative adjudication court heretofore existing and shall continue with the same force and effect in the traffic tribunal herein established; and all rights and liabilities of the parties to such actions and proceedings and processes commenced prior to July 1, 1999, including costs of appeal, shall continue in full force and effect.
History of Section.
P.L. 1999, ch. 218, art. 4, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.2 - Traffic Tribunal › Section 8-8.2-19. - Severability.

§ 8-8.2-19. Severability.
If any provision of this chapter or the application thereof shall for any reason be judged invalid, such a judgment shall not affect, impair or invalidate the remainder of the law, but shall be confined in its effect to the provisions or application directly involved in the controversy giving rise to the judgment.
History of Section.
P.L. 1999, ch. 218, art. 4, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.2 - Traffic Tribunal › Section 8-8.2-20. - Domestic partner — Definition.

§ 8-8.2-20. Domestic partner — Definition.
For purposes of this chapter, “domestic partner” shall be defined as a person who, prior to the decedent’s death, was in an exclusive, intimate and committed relationship with the decedent, and who certifies by affidavit that their relationship met the following qualifications:
(1)
Both partners were at least eighteen (18) years of age and were mentally competent to contract;
(2)
Neither partner was married to anyone else;
(3)
Partners were not related by blood to a degree which would prohibit marriage in the state of Rhode Island;
(4)
Partners resided together and had resided together for at least one year at the time of death; and
(5)
Partners were financially interdependent as evidenced by at least two (2) of the following:
(i)
Domestic partnership agreement or relationship contract;
(ii)
Joint mortgage or joint ownership of primary residence;
(iii)
Two (2) of: (A) joint ownership of motor vehicle; (B) joint checking account; (C) joint credit account; (D) joint lease; and/or
(iv)
The domestic partner had been designated as a beneficiary for the decedent’s will, retirement contract or life insurance.
History of Section.
P.L. 2007, ch. 510, § 4.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.2 - Traffic Tribunal › Section 8-8.2-21. - Abstracts of court records — Traffic tribunal.

§ 8-8.2-21. Abstracts of court records — Traffic tribunal.
A full record shall be kept by the Rhode Island traffic tribunal in this state of every case in which a person is charged with violating subparagraphs 21-28-4.01(c)(2)(iii) and 21-28-4.01(c)(2)(iv). An abstract of the record shall be retained by the court. The abstract shall be made upon forms prepared by the chief magistrate of the Rhode Island traffic tribunal and shall include all necessary information as to the parties to the cause, the nature of the offense, the date of the hearing, the plea, the decision, the judgment, and the result, and every abstract shall be certified by the clerk of the court. The Rhode Island traffic tribunal shall keep the records and they shall not be open to public inspection. The chief magistrate of the traffic tribunal shall make the records available to Rhode Island state and local police departments for their inspection of the details of cases which have been heard before the tribunal.
History of Section.
P.L. 2012, ch. 221, § 5; P.L. 2012, ch. 233, § 5.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.3 - Extreme Risk Protection Orders › Section 8-8.3-1. - Definitions.

§ 8-8.3-1. Definitions.
When used in this chapter, the following words and phrases shall have the following meanings:
(1)
“Court” means the superior court in the county in which the respondent resides.
(2)
“Extreme risk protection order” means either a temporary order or a one-year order granted under this chapter.
(3)
“Family or household member” means present and former family members (as defined in § 15-15-1), parents (as defined in § 15-15-1), stepparents, legal guardians, persons who are or have been in a substantive dating or engagement relationship within the past one year (as defined in § 15-15-1), and cohabitants (as defined in § 8-8.1-1).
(4)
“Firearm” means and includes any machine gun, pistol, rifle, air rifle, air pistol, “blank gun,” “BB gun,” or other instrument from which steel or metal projectiles are propelled, or that may readily be converted to expel a projectile, except crossbows, recurve, compound, or longbows, and except instruments propelling projectiles that are designed or normally used for a primary purpose other than as a weapon. The frame or receiver of the weapon shall be construed as a firearm pursuant to the provisions of this section.
(5)
“Law enforcement agency” means the police department of any city or town, and the division of the Rhode Island state police established pursuant to chapter 28 of title 42.
(6)
“Law enforcement officer” means a sworn member of a law enforcement agency as defined herein.
(7)
“One-year extreme risk protection order” means an extreme risk protection order granted pursuant to the provisions of § 8-8.3-5 or renewed pursuant to the provisions of § 8-8.3-7.
(8)
“Petitioner” means a law enforcement agency that petitions for an order pursuant to this chapter.
(9)
“Respondent” means the person who is identified as the respondent in a petition filed pursuant to this chapter.
(10)
“Social media” means any cell phone- or internet-based tools and applications that are used to share and distribute information.
(11)
“Temporary extreme risk protection order” means an extreme risk protection order issued pursuant to the provisions of § 8-8.3-4.
History of Section.
P.L. 2018, ch. 6, § 1; P.L. 2018, ch. 7, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.3 - Extreme Risk Protection Orders › Section 8-8.3-2. - Filing of petition.

§ 8-8.3-2. Filing of petition.
Proceedings under this chapter shall be filed, heard, and determined in the superior court of the county in which the respondent resides. Any proceedings under this chapter shall not preclude any other available civil or criminal remedies. A party filing a petition under this chapter may do so without payment of any filing fee. There shall be no minimum residence requirements for the filing of a petition under this chapter. All matters filed under this chapter, as well as any documents submitted in conjunction with proceedings under this chapter, shall be maintained as confidential or non-public by the superior court.
History of Section.
P.L. 2018, ch. 6, § 1; P.L. 2018, ch. 7, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.3 - Extreme Risk Protection Orders › Section 8-8.3-3. - Contents of petition.

§ 8-8.3-3. Contents of petition.
(a)
A petition for an extreme risk protection order shall be filed only by a law enforcement agency.
(b)
A petitioner may file a petition with the court requesting an extreme risk protection order that shall enjoin the respondent from having in his or her possession, custody, or control any firearms and shall further enjoin the respondent from purchasing, receiving, or attempting to purchase or receive, any firearms while the order is in effect. The petitioner shall concurrently file a sworn affidavit for a search warrant pursuant to chapter 5 of title 12 for the search of any firearms in the possession, custody, or control of the respondent.
(c)
A petitioner shall file a petition upon receipt of credible information that the respondent poses a significant danger of causing imminent personal injury to self or others by having in his or her custody or control, or by purchasing, possessing, or receiving, a firearm.
(d)
A petition must state the specific statements, actions, or facts that support the belief that the respondent poses a significant danger of causing imminent personal injury to self or others by having in his or her custody or control, or by purchasing, possessing, or receiving, a firearm.
(e)
A petition for an extreme risk protection order must be supported by a written affidavit signed by the petitioner under oath. The petitioner may produce sworn statements or testimony of other witnesses to support the petition.
(f)
If the petitioner believes there are firearms in the respondent’s current ownership, possession, custody, or control, the petition and search warrant affidavit shall identify the number, types, and locations of all such firearms, if known.
(g)
A petitioner for an extreme risk protection order, at the time of the filing, shall identify all known restraining orders, orders of protection, and pending lawsuits, complaints, petitions, or actions pending, active, or filed within one year prior to the petition involving the respondent, including, but not limited to, an order entered pursuant to chapter 8.1 of title 8 or chapter 15 of title 15.
History of Section.
P.L. 2018, ch. 6, § 1; P.L. 2018, ch. 7, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.3 - Extreme Risk Protection Orders › Section 8-8.3-6. - Service of one-year extreme risk protection orders.

§ 8-8.3-6. Service of one-year extreme risk protection orders.
(a)
A one-year extreme risk protection order issued under this chapter shall be personally served upon the respondent by the division of sheriffs. Provided, the division of sheriffs may request the assistance of the state police with the service as needed. If the division of sheriffs cannot complete service of the one-year extreme risk protection order upon the respondent within seven (7) days of the order’s issuance, the deputy sheriff shall notify the petitioner and the court. The petitioner shall then seek an order for alternative service pursuant to this chapter.
(b)
If the court determines that after diligent effort, personal service on the respondent with or of any documents as required pursuant to this chapter cannot be made, then the court may order an alternative method of service designed to give reasonable notice to the respondent. Alternative service may include, but shall not be limited to: service by certified and regular mail at respondent’s last-known address or place of employment; leaving copies at the respondent’s dwelling or usual place of abode with a person of suitable age and discretion residing therein; or by affixing a summons to the door of the respondent’s residence. Provided, due to the nature of these proceedings, notice shall not be given by publication in a newspaper.
(c)
In the event personal service of any order, notice, or other document issued pursuant to this chapter cannot be obtained, the court shall have discretion to continue any extreme risk protection order, and hearing thereon, as the court deems appropriate, until service can be made upon the respondent.
(d)
Upon receipt of alternative service of any order, notice, or other document issued pursuant to this chapter, the respondent shall comply with the order, notice, or document as if personally served.
History of Section.
P.L. 2018, ch. 6, § 1; P.L. 2018, ch. 6, § 1; P.L. 2018, ch. 7, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.3 - Extreme Risk Protection Orders › Section 8-8.3-9. - Reporting of orders.

§ 8-8.3-9. Reporting of orders.
(a)
The clerk of the court shall enter any one-year extreme risk protection order or temporary extreme risk protection order issued pursuant to this chapter into a statewide judicial information system on the same day the order is issued.
(b)
The clerk of the court shall forward a copy of any order issued, renewed, or terminated under this chapter the same day the order is issued to the appropriate law enforcement agency specified in the order and the attorney general.
(1)
Upon receipt of the copy of an extreme risk protection order, the attorney general shall enter the order into:
(i)
The National Instant Criminal Background Check System, also known as the NICS database;
(ii)
All federal or state computer-based systems and databases used by law enforcement or others to identify prohibited purchasers of firearms; and
(iii)
All computer-based criminal intelligence information systems and databases available in this state used by law enforcement agencies.
(2)
The order must remain in each system for the period stated in the order, and the law enforcement agency shall only remove orders from the systems upon notice that they have been terminated or expired. Entry into the computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. The order shall be fully enforceable in any city or town in the state.
(c)
The issuing court shall, within three (3) business days after issuance of a one-year extreme risk protection order or temporary extreme risk protection order, forward a copy of the respondent’s driver’s license, or comparable information, along with the date of order issuance, to the attorney general and the appropriate licensing authority. Upon receipt of the information, the attorney general or the appropriate licensing authority shall determine if the respondent has a concealed carry permit. If the respondent does have a concealed carry permit, the attorney general or the appropriate licensing authority shall immediately revoke the license.
(d)
If any extreme risk protection order is terminated before its expiration date, the clerk of the court shall forward, on the same day, a copy of the termination order to the office of the attorney general and the petitioner. Upon receipt of the order, the attorney general shall promptly remove the order from any computer-based system into which it was entered pursuant to subsection (b) of this section.
History of Section.
P.L. 2018, ch. 6, § 1; P.L. 2018, ch. 7, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.3 - Extreme Risk Protection Orders › Section 8-8.3-10. - Penalties.

§ 8-8.3-10. Penalties.
(a)
Any violation of any extreme risk protection order shall subject the violator to being found in contempt of court. The contempt order shall not be exclusive and shall not preclude any other available civil or criminal remedies.
(b)
Any violation of an extreme risk protection order issued under this chapter of which the respondent has actual notice shall be a felony and, upon conviction, shall be punished by imprisonment for not more than ten (10) years, or a fine of not more than ten thousand dollars ($10,000), or both.
(c)
Filing a petition or providing information pursuant to this chapter knowing the information in or for such petition to be materially false, or with intent to harass the respondent, shall be a felony that shall be punished by imprisonment for not more than five (5) years, or a fine of not more than five thousand dollars ($5,000), or both.
History of Section.
P.L. 2018, ch. 6, § 1; P.L. 2018, ch. 7, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.3 - Extreme Risk Protection Orders › Section 8-8.3-11. - Liability.

§ 8-8.3-11. Liability.
Except as provided in §§ 8-8.3-8 and 8-8.3-10, this chapter does not impose criminal or civil liability on a law enforcement agency, law enforcement officer, or the attorney general or a member of that department, for acts or omissions related to obtaining any extreme risk protection order including, but not limited to, reporting, declining to report, investigating, declining to investigate, filing, or declining to file a petition under this chapter.
History of Section.
P.L. 2018, ch. 6, § 1; P.L. 2018, ch. 7, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.3 - Extreme Risk Protection Orders › Section 8-8.3-12. - Required notice on orders — Confidentiality of proceedings.

§ 8-8.3-12. Required notice on orders — Confidentiality of proceedings.
(a)
Any extreme risk protection order form shall include, in a conspicuous location, notice of penalties resulting from violation of the order, and the following statement: “You have the sole responsibility to avoid or refrain from violating this order’s provisions. Only the court can change the order and only upon written application.”
(b)
All filings, petitions, orders, warrants, affidavits, evidence, and any other document filed pursuant to this chapter shall be deemed confidential documents and shall not be available for public inspection or disclosure absent a court order. This section shall not prohibit the entry of orders into appropriate databases as required pursuant to § 8-8.3-9.
History of Section.
P.L. 2018, ch. 6, § 1; P.L. 2018, ch. 7, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.3 - Extreme Risk Protection Orders › Section 8-8.3-13. - Appeal.

§ 8-8.3-13. Appeal.
Any order under this chapter shall remain in effect during the pendency of an appeal to the supreme court unless the order is stayed by a justice of the supreme court.
History of Section.
P.L. 2018, ch. 6, § 1; P.L. 2018, ch. 7, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.3 - Extreme Risk Protection Orders › Section 8-8.3-14. - Severability.

§ 8-8.3-14. Severability.
If any section of this chapter or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of the chapter and the application of the section to other persons or circumstances shall not be affected. The invalidity or unconstitutionality of any section or sections or part of any section or sections of this chapter shall not affect the validity of the remainder of this chapter and to this end the sections of this chapter are severable.
History of Section.
P.L. 2018, ch. 6, § 1; P.L. 2018, ch. 7, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.4 - Abusive Litigation. › Section 8-8.4-3. - Hearing — Procedure.

§ 8-8.4-3. Hearing — Procedure.
At the hearing, evidence of any of the following shall create a rebuttable presumption that litigation is being initiated, advanced, or continued primarily for the purpose of harassing, intimidating, threatening, or maintaining contact with the other party:
(1)
The same or substantially similar issues between the same or substantially similar parties have been litigated within the past five (5) years in the same court or any other court of competent jurisdiction;
(2)
The same or substantially similar issues between the same or substantially similar parties have been raised, pled, or alleged in the past five (5) years and were decided on the merits or dismissed:
(3)
Within the last five (5) years, the party allegedly engaging in abusive litigation has been sanctioned by any court for filing one or more cases, petitions, motions, or other filings that were found to have been frivolous, vexatious, intransigent, or brought in bad faith involving the same opposing party;
(4)
Any court has determined that the party allegedly engaging in abusive litigation has previously engaged in abusive litigation or similar conduct, including, but not limited to, the filing of a private misdemeanor prosecution complaint pursuant to § 12-4-1 or § 12-10-12, and has been subject to a court order imposing prefiling restrictions;
(5)
Proffered legal claims are not based on existing law or by a reasonable argument for the extension, modification, or reversal of existing law, or the establishment of new law;
(6)
Allegations and other factual contentions made are without adequate evidentiary support or are unlikely to have evidentiary support after a reasonable opportunity for further investigation; or
(7)
An issue or issues that are the basis of the litigation have previously been filed in one or more other courts or jurisdictions and the actions have been litigated and disposed of unfavorably to the party filing, initiating, advancing, or continuing the litigation.
History of Section.
P.L. 2023, ch. 171, § 2, effective June 20, 2023; P.L. 2023, ch. 172, § 2, effective June 20, 2023.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.4 - Abusive Litigation. › Section 8-8.4-4. - Burden of proof.

§ 8-8.4-4. Burden of proof.
(a)
If the court finds by a preponderance of the evidence that a party is engaging in abusive litigation and that any or all of the motions or actions pending before the court are abusive litigation, the litigation may be dismissed, denied, stricken, or resolved by other disposition with prejudice.
(b)
After providing the parties an opportunity to be heard on any order or sanctions to be issued, the court may enter an order restricting abusive litigation that shall include conditions deemed necessary and appropriate, including:
(1)
Awarding the other party reasonable attorneys’ fees and costs of responding to the abusive litigation, including the cost of seeking the order restricting abusive litigation;
(2)
Awarding the other party all costs of the abusive litigation, including, but not limited to, court costs, lost wages and transportation costs, including trips to the courthouse to review files or pleadings, and costs of childcare expended as a result of defending said litigation;
(3)
Identifying the party protected by the order and imposing prefiling restrictions upon the party found to have engaged in abusive litigation that pertains to any future litigation against the protected party or the protected party’s dependents; and
(4)
Any other relief deemed necessary and appropriate by the court.
(c)
If the court finds that the litigation does not constitute abusive litigation, the court shall enter written findings and the litigation shall proceed.
(d)
Nothing in this section shall be construed as limiting the court’s inherent authority to control the proceedings and litigants before it.
History of Section.
P.L. 2023, ch. 171, § 2, effective June 20, 2023; P.L. 2023, ch. 172, § 2, effective June 20, 2023.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.4 - Abusive Litigation. › Section 8-8.4-6. - Construction.

§ 8-8.4-6. Construction.
This chapter shall be construed liberally in order to effectuate the goal of protecting survivors of domestic violence and other abuse from abusive litigation.
History of Section.
P.L. 2023, ch. 171, § 2, effective June 20, 2023; P.L. 2023, ch. 172, § 2, effective June 20, 2023.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-9 - Probate Courts › Section 8-9-1, 8-9-2. - Repealed.

§ 8-9-1, 8-9-2. Repealed.
History of Section.
C.P.A. 1905, ch. 35; G.L. 1909, ch. 306, § 1; G.L. 1923, ch. 357, § 1; G.L. 1938, ch. 568, § 1; G.L., ch. 568, § 7; P.L. 1955, ch. 3499, § 1; G.L. 1956, §§ 8-9-1, 8-9-2; Repealed by P.L. 1971, ch. 240, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-9 - Probate Courts › Section 8-9-2.1. - Probate judges — Qualifications.

§ 8-9-2.1. Probate judges — Qualifications.
No person shall be eligible to serve as a probate judge in any city or town in this state unless he or she has been admitted to practice as an attorney before the Rhode Island supreme court and has been engaged in the active practice of law in this state. Each city or town may establish additional standards as may be determined by city or town ordinance.
History of Section.
P.L. 1971, ch. 240, § 2.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-9 - Probate Courts › Section 8-9-2.2. - New Shoreham town council as probate court.

§ 8-9-2.2. New Shoreham town council as probate court.
The town council of the town of New Shoreham may act as a probate court within its town; the major part of the members elected constitutes a quorum for doing business, and the major part of those present at any legal meeting may decide upon any matter before them.
History of Section.
P.L. 1971, ch. 219, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-9 - Probate Courts › Section 8-9-2.3. - Probate judge in town where council sits as probate court.

§ 8-9-2.3. Probate judge in town where council sits as probate court.
In any town where the town council regularly sits as the probate court, the town council may appoint annually a member of the bar of the state of Rhode Island to be available to sit as judge of the probate court and may fill any vacancy occurring in the office of that appointee. Whenever a party to any contested matter in the probate court of the town shall so request, the town council acting as the probate court of the town shall designate the appointee to sit as a judge of the probate court to hear and determine that particular contested probate matter and the request and designation shall be recorded in the records of the probate court, and thereupon the appointee shall have the power and be subjected to the duties of the probate court with respect to the matter; provided, however, that if the appointee is a party to or interested in the matter, or is unable to perform his or her duties, no such designation shall be made. The probate clerk shall attend all hearings and record all proceedings before the appointee. The appointee shall not be entitled to any fees of the probate court, and the probate court shall be entitled to the same fees as if the designation had not been made. The appointee shall be entitled to receive from the town such compensation as it may allow.
History of Section.
P.L. 1971, ch. 219, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-9 - Probate Courts › Section 8-9-3. - Providence probate court.

§ 8-9-3. Providence probate court.
The probate court of the city of Providence shall be the probate court for the city.
History of Section.
C.P.A. 1905, ch. 35; G.L. 1909, ch. 306, § 2; G.L. 1923, ch. 357, § 2; G.L. 1938, ch. 568, § 2; P.L. 1939, ch. 659, § 2; G.L. 1956, § 8-9-3.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-9 - Probate Courts › Section 8-9-4. - Election and powers of probate judge.

§ 8-9-4. Election and powers of probate judge.
The town council of any town which may, at the regular meeting of the town, have delegated to its town council such power, shall elect a judge of probate for the town, and any city council or any town may at the election of town officers elect a judge of probate for the city or town; and the judge of probate, upon being engaged, shall, instead of the town council, have the power and be subject to the duties of a probate court, and be entitled to the fees of the court and such salary, in addition to or instead of such fees, to be received of the city or town, as the city or town may allow.
History of Section.
C.P.A. 1905, ch. 35; G.L. 1909, ch. 306, § 3; G.L. 1923, ch. 357, § 3; P.L. 1928, ch. 1233, § 1; G.L. 1938, ch. 568, § 3; G.L. 1956, § 8-9-4.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-9 - Probate Courts › Section 8-9-5. - Disqualification or inability of probate judge.

§ 8-9-5. Disqualification or inability of probate judge.
Unless otherwise provided, whenever the judge of probate in any city or town is a party or is interested in any case arising in his or her town, or is absent or unable to perform his or her duties, the town council of the town shall perform those duties in the same manner as if no judge of probate had been elected; provided, however, that whenever the judge of probate of the town of Warren is a party or is interested in any proceeding about to be heard in his or her court, or is absent or unable to perform his or her duties, or there is a vacancy in the office, his or her duties shall be temporarily performed by the town solicitor of the town; and the fact of the interest, absence, inability, or vacancy shall be rendered in the records of the court; provided, however, that whenever the judge of probate of the city of Newport or the town of Cumberland or Smithfield is a party or is interested in any proceeding about to be heard in his or her court, or is absent or unable to perform his or her duties, or there is a vacancy in the office, his or her duties shall be temporarily performed by the municipal court judge, if available, if not then the city solicitor of the city of Newport or by the town solicitor of the towns of Cumberland or Smithfield, respectively; and the fact of the interest, absence, inability, or vacancy shall be recorded in the records of the court; provided, however, that whenever the judge of probate of the towns of Hopkinton or West Greenwich is a party or is interested in any proceeding about to be heard in his or her court, or is absent or unable to perform his or her duties, or there is a vacancy in the office, his or her duties shall be temporarily performed by one or more deputy probate judges to be elected by the town council of the towns of Hopkinton and West Greenwich, in the same manner as prescribed for the election of the probate judge in § 8-9-4, the deputy probate judge(s) to have the same powers and duties as the probate judge and be entitled to the fees of the court as the towns may allow; provided, further, however, that no judge of probate in any city or town shall be permitted to practice or enter his or her appearance or act in any capacity as an attorney in any case before the probate court in his or her city or town.
History of Section.
C.P.A. 1905, ch. 35; G.L. 1909, ch. 306, § 3; G.L. 1923, ch. 357, § 3; P.L. 1928, ch. 1233, § 1; G.L. 1938, ch. 568, § 3; P.L. 1948, ch. 2002, § 1; G.L. 1956, § 8-9-5; P.L. 1961, ch. 96, § 1; P.L. 1972, ch. 233, § 1; P.L. 1977, ch. 53, § 1; P.L. 1978, ch. 78, § 1; P.L. 1978, ch. 82, § 1; P.L. 1988, ch. 613, § 1; P.L. 2003, ch. 225, § 1; P.L. 2003, ch. 356, § 1; P.L. 2009, ch. 306, § 1; P.L. 2009, ch. 307, § 1; P.L. 2012, ch. 51, § 1; P.L. 2012, ch. 76, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-9 - Probate Courts › Section 8-9-6. - Town or city clerk as clerk of court.

§ 8-9-6. Town or city clerk as clerk of court.
The town or city clerk of each town and city, unless special provision is made by law or charter to the contrary, shall be the clerk of the probate court of the town or city.
History of Section.
C.P.A. 1905, ch. 35; G.L. 1909, ch. 306, § 4; G.L. 1923, ch. 357, § 4; G.L. 1938, ch. 568, § 4; G.L. 1956, § 8-9-6.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-9 - Probate Courts › Section 8-9-7. - Duties of probate clerk.

§ 8-9-7. Duties of probate clerk.
The probate clerk shall attend the meetings of the probate court and shall record its proceedings and also all wills, administrations, inventories, accounts, decrees, orders, determinations, and other writings, which shall be made, granted, or decreed upon by the probate court of the town or city, and shall have the custody and safekeeping of the seal of the court and of all the books and papers belonging to the probate office, and of any stenographic or electronic recording of any probate court proceedings made by the probate clerk, and shall not act as attorney before the court of which he or she is clerk. Provided, that the probate clerk shall be required to retain stenographic and electronic recordings of any probate court proceedings only for one year from the date of the hearing.
History of Section.
C.P.A. 1905, ch. 35; G.L. 1909, ch. 306, § 5; G.L. 1923, ch. 357, § 5; G.L. 1938, ch. 568, § 5; G.L. 1956, § 8-9-7; P.L. 1996, ch. 110, § 3.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-9 - Probate Courts › Section 8-9-8. - Clerk pro tempore in absence of probate clerk.

§ 8-9-8. Clerk pro tempore in absence of probate clerk.
Whenever the clerk of any probate court shall not appear at the time and place appointed for the meeting of the court, the court may appoint a clerk for the time being, who, after being duly sworn, shall perform all the duties, exercise all the powers, enjoy all the emoluments, and be subject to all the requirements granted to or conferred on or required of clerks of probate courts.
History of Section.
C.P.A. 1905, ch. 35; G.L. 1909, ch. 306, § 6; G.L. 1923, ch. 357, § 6; G.L. 1938, ch. 568, § 6; G.L. 1956, § 8-9-8.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-9 - Probate Courts › Section 8-9-9. - General probate jurisdiction.

§ 8-9-9. General probate jurisdiction.
Every probate court shall have jurisdiction in the town or city in which it is established of the probate of wills; the granting of administration, the appointment of custodians, of administrators, of guardians of persons and estates, or of persons only or of estates only, and of conservators; the accepting and allowing of bonds, inventories, and accounts of executors, administrators, and guardians; the granting of leave to sell at public or private sale, or to mortgage property, as hereinafter provided; of the making of partition of the real estate of deceased persons; of the adoption of persons eighteen (18) years of age or older; of change of names of persons; of the removal or filling of a vacancy of a trustee of any trust established under a will, or the termination of such trust; of setting off and allowing real estate and personal property to widows and surviving husbands; and of all other matters now within the jurisdiction of probate courts. The court shall have power to accept the resignation of, or to remove, any custodian, executor, administrator, or guardian, or any other person appointed by the court, and also power to do and transact all matters and things incidental to the jurisdiction and powers vested in probate courts by law. Every probate court shall have the power to follow the course of equity insofar as necessary to fulfill the mandates of title 33 of the General Laws, specifically: the replacement, removal, or filling of any vacancy of any trustee under a trust established under a will; or tax minimization or estate planning under § 33-15-37.1. The jurisdiction assumed in any case by the court, so far as it depends on the place of residence of a person, shall not be contested in any suit or proceedings except in the original case or on appeal therein or when the want of jurisdiction appears on the record.
History of Section.
C.P.A. 1905, § 721; G.L. 1909, ch. 307, § 1; P.L. 1919, ch. 1787, § 1; G.L. 1923, ch. 358, § 1; G.L. 1938, ch. 569, § 1; impl. am. P.L. 1944, ch. 1441, § 36; G.L. 1956, § 8-9-9; P.L. 1996, ch. 110, § 3.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-9 - Probate Courts › Section 8-9-10. - Appointment and supervision of temporary custodians of decedents’ estates.

§ 8-9-10. Appointment and supervision of temporary custodians of decedents’ estates.
Every probate court may appoint any suitable person or persons as custodian or custodians to have the charge and care of the real and personal property of deceased persons, the settlement of whose estates is within the jurisdiction of the court, until letters testamentary or of administration are granted; the court may require the custodians to give bond to the court, with or without surety or sureties, in its discretion; the court may also, in its discretion, authorize the custodians to sell any property that may come to their possession by virtue of the appointment, and to take any other action that the court may direct. The custodians shall in all things be subject to the control of the court and act under its direction, and shall receive a reasonable compensation out of the estate.
History of Section.
C.P.A. 1905, § 722; G.L. 1909, ch. 307, § 2; G.L. 1923, ch. 358, § 2; GL. 1938, ch. 569, § 2; G.L. 1956, § 8-9-10; P.L. 2000, ch. 353, § 1; P.L. 2006, ch. 105, § 1; P.L. 2006, ch. 136, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-9 - Probate Courts › Section 8-9-11. - Power to take probate and grant administration of decedents’ estates.

§ 8-9-11. Power to take probate and grant administration of decedents’ estates.
The probate court of any town or city shall take the probate of wills and grant administration on the estate of deceased persons who, at the time of their decease, were inhabitants of or residents in the town or city, and of other persons, not having any residence in this state, who die leaving rights, credits, or estates, real or personal, within the town or city; provided, that the first probate of the will, and the first grant of administration on the estate, of any deceased person who, at the time of his decease, was not an inhabitant of or resident within this state, shall bar any other probate or grant of administration, although the deceased person may have left rights, credits, or estates, real or personal, in any other town or city in this state.
History of Section.
C.P.A. 1905, § 723; G.L. 1909, ch. 307, § 3; G.L. 1923, ch. 358, § 3; G.L. 1938, ch. 569, § 3; G.L. 1956, § 8-9-11.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-9 - Probate Courts › Section 8-9-12. - Payment of legacies.

§ 8-9-12. Payment of legacies.
Probate courts may determine all questions as to the payments of legacies by executors and administrators with the will annexed and may allow such payments in the accounts of executors and administrators.
History of Section.
C.P.A. 1905, § 724; G.L. 1909, ch. 307, § 4; G.L. 1923, ch. 358, § 4; G.L. 1938, ch. 569, § 4; G.L. 1956, § 8-9-12.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-9 - Probate Courts › Section 8-9-13. - Revocation or modification of warrants and commissions.

§ 8-9-13. Revocation or modification of warrants and commissions.
Any warrant or commission for the appraisement of an estate, for examining claims against the estate of a deceased person, for the partition of real estate, or for the assignment of dower or other interest in real estate may be revoked by the court for sufficient cause; and the court may thereupon issue a new warrant or commission, or proceed otherwise, as the circumstances of the case shall require, or in the case of death, disability, or resignation of one or more of the appointees may supply vacancies occasioned thereby in such manner as the court shall deem best.
History of Section.
C.P.A. 1905, § 725; G.L. 1909, ch. 307, § 5; G.L. 1923, ch. 358, § 5; G.L. 1938, ch. 569, § 5; G.L. 1956, § 8-9-13.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-9 - Probate Courts › Section 8-9-14. - Revocation or modification of orders or decrees.

§ 8-9-14. Revocation or modification of orders or decrees.
Any probate court may modify or revoke any order or decree made by it on an uncontested application before appeal therefrom, or, if no appeal is taken, before the time for taking an appeal has expired, and, if made in reference to the settlement of any estate, also before the final settlement thereof, upon the written application of any person interested therein, and after notice of the time and place of hearing thereon appointed by the court, given in the manner prescribed by it, to the person having charge of the estate and to all other interested parties; and upon any modification or revocation, there shall be the same right of and time for appeal as in case of any other order or decree.
History of Section.
C.P.A. 1905, § 726; G.L. 1909, ch. 307, § 6; G.L. 1923, ch. 358, § 6; G.L. 1938, ch. 569, § 6; G.L. 1956, § 8-9-14.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-9 - Probate Courts › Section 8-9-15. - Annulment of probate of will.

§ 8-9-15. Annulment of probate of will.
When it shall appear to a probate court, pending proceedings before it for the settlement of an estate as a testate estate, that the will under which the proceedings were had has been revoked by the testator, the court shall have power to annul any order or decree proving the will so revoked and any other order or decree made by the court in the settlement of the estate under the will. The court shall have power to proceed with the settlement of the estate under a subsequent will, if there is one; or, if there is none, to grant administration on the estate and proceed with the settlement thereof as an intestate estate, after such notice to all parties in interest as the court shall order; but the preceding executor or administrator shall not be personally liable for any thing done by him or her in good faith and in the line of his or her duties before the decree of annulment.
History of Section.
C.P.A. 1905, § 727; G.L. 1909, ch. 307, § 7; G.L. 1923, ch. 358, § 7; G.L. 1938, ch. 569, § 7; G.L. 1956, § 8-9-15.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-9 - Probate Courts › Section 8-9-16. - Confirmation of prior acts and proceedings.

§ 8-9-16. Confirmation of prior acts and proceedings.
When the validity of an act or proceeding of a probate court, or of a person acting as executor, administrator, or guardian, is called in question by reason of an alleged irregularity, defective notice, or want or improper exercise of authority, any party interested in or affected by the act or proceeding may apply to the probate court having jurisdiction of the subject matter in respect to which the act or proceeding has been had; and the court, after such notice as it may order to all parties interested, may hear and determine the matter and confirm the act or proceeding, in whole or in part, and may authorize and empower the executor, administrator, guardian, or any successor, or other person who may be legally appointed to act in the same capacity, to confirm the act or proceeding and to execute and deliver such deeds, releases, conveyances, and other instruments as may be found necessary for that purpose; but no act or proceeding shall be confirmed which the court might not have authorized in the first instance upon due proceedings.
History of Section.
C.P.A. 1905, § 728; G.L. 1909, ch. 307, § 8; G.L. 1923, ch. 358, § 8; G.L. 1938, ch. 569, § 8; G.L. 1956, § 8-9-16.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-9 - Probate Courts › Section 8-9-17. - Power to summon and receive evidence.

§ 8-9-17. Power to summon and receive evidence.
Any probate court may require the attendance of any party or person, whom it may see fit to examine or cause to be examined in any proceeding pending in the court, and may examine or cause to be examined on oath parties and witnesses, either orally or on written interrogatories or both, or may receive their affidavits and may require any writings or other evidence pertinent in such proceedings to be produced before itself or otherwise, and may issue writs of subpoena ad testificandum, and of subpoena duces tecum.
History of Section.
C.P.A. 1905, § 729; G.L. 1909, ch. 307, § 9; G.L. 1923, ch. 358, § 9; G.L. 1938, ch. 569, § 9; G.L. 1956, § 8-9-17.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-9 - Probate Courts › Section 8-9-17.1. - Subpoenas issued by other officials.

§ 8-9-17.1. Subpoenas issued by other officials.
Justices of the peace and notaries public may issue subpoenas to witnesses and subpoenas duces tecum in any case pending before any probate court.
History of Section.
P.L. 1990, ch. 71, § 1; P.L. 1992, ch. 316, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-9 - Probate Courts › Section 8-9-18. - Judicial aid in taking possession of property of estates.

§ 8-9-18. Judicial aid in taking possession of property of estates.
If any person has or is suspected of having under his or her control any property or documents belonging to the estate of a deceased person or person under guardianship, or any thing which may tend to disclose the condition of the estate, and on demand therefor by the executor, administrator, guardian, conservator, or custodian refuses to deliver them to him or her without legal justification for the refusal; or if the person claims to have a lien thereon and refuses to disclose the amount and particulars of his or her claim; or if any person is suspected of having concealed, embezzled, or conveyed away any of the personal estate of the deceased person or ward, the probate court may, upon the written application of the executor, administrator, guardian, conservator, or custodian or any other party in interest, cite the person to appear before the court, and may examine him or her on oath concerning the matters complained of; and if he or she refuses to appear or to answer the interrogatories put to him or her by the court, it may adjudge him or her in contempt and may commit him or her therefor to the adult correctional institutions until he or she shall submit to the order of the court or be legally discharged. The person so examined shall not be excused from answering any question on the ground that his or her answer will tend to criminate him or her, but his or her answer shall not be used as evidence against him or her in any criminal prosecution except for perjury.
History of Section.
C.P.A. 1905, § 730; G.L. 1909, ch. 307, § 10; G.L. 1923, ch. 358, § 10; G.L. 1938, ch. 569, § 10; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 8-9-18.