reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-2 - Superior Court › Section 8-2-30. - Petition for change of venue.

§ 8-2-30. Petition for change of venue.
Applications for the removal of any civil action, suit, or proceeding, as provided in § 8-2-29, shall be by petition setting forth the cause or reasons therefor, which petition shall be filed in the office of the clerk of the superior court for the county where the action, suit, or proceeding is pending, and a copy thereof served on the adverse party, or on his or her attorney of record, within ten (10) days after the filing of the petition; and no such petition in any civil cause shall be heard until the expiration of five (5) days after the service of the copy, unless by agreement of the parties.
History of Section.
C.P.A. 1905, § 25; G.L. 1909, ch. 273, § 22; G.L. 1923, ch. 323, § 22; P.L. 1928, ch. 1205, § 1; G.L. 1938, ch. 496, § 22; G.L. 1956, § 8-2-30; P.L. 1972, ch. 169, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-2 - Superior Court › Section 8-2-31. - Order for change of venue.

§ 8-2-31. Order for change of venue.
If, upon hearing the petition and the evidence thereon, the court shall be of opinion that a full, fair, and impartial trial cannot be had in the court for the county where the cause shall have been commenced or is pending, the court shall make an order of removal, directing the clerk of the court where the cause is pending to transmit the record thereof to the clerk of the court for the county named in the order of removal, to which county the cause shall be removed.
History of Section.
C.P.A. 1905, § 26; G.L. 1909, ch. 273, § 23; G.L. 1923, ch. 323, § 23; G.L. 1938, ch. 496, § 23; G.L. 1956, § 8-2-31.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-2 - Superior Court › Section 8-2-32. - Retention of papers or return to original county.

§ 8-2-32. Retention of papers or return to original county.
If an entire cause shall have been removed under the provisions of this chapter, all further proceedings in the cause shall be taken as if the cause had been commenced in the county to which it was removed. If less than the entire cause shall have been removed, then upon determination of the question for which removal was made, the record shall be remitted to the clerk of the court for the county from which the cause was removed.
History of Section.
C.P.A. 1905, § 27; G.L. 1909, ch. 273, § 24; G.L. 1923, ch. 323, § 24; G.L. 1938, ch. 496, § 24; G.L. 1956, § 8-2-32; P.L. 1966, ch. 1, § 2.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-2 - Superior Court › Section 8-2-33. - Territorial extent of powers of justices.

§ 8-2-33. Territorial extent of powers of justices.
Any justice of the superior court may order special service of any process, original or auxiliary, in any proceeding within the jurisdiction of the court, by personal notice, notice by mail, or publication in a newspaper within or without the state, for the purpose of dealing with any property, relation, or person within the state or otherwise subject to the jurisdiction of the court, and may make orders, decrees, and judgments in one county in cases pending in any other county, which orders and decrees and judgments shall be transmitted to the clerk of the court for the other county.
History of Section.
C.P.A. 1905, § 16; G.L. 1909, ch. 273, § 13; G.L. 1923, ch. 323, § 13; G.L. 1938, ch. 496, § 13; G.L. 1956, § 8-2-33; P.L. 1965, ch. 55, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-2 - Superior Court › Section 8-2-34. - Impaneling and instruction of grand juries.

§ 8-2-34. Impaneling and instruction of grand juries.
All grand juries shall be impaneled by the superior court. They shall be empowered, required, and charged to diligently inquire and make true presentment of all crimes and offenses done or committed within their jurisdiction, and shall, insofar as may be deemed necessary, be instructed by the court in the law relative thereto.
History of Section.
C.P.A. 1905, § 18; G.L. 1909, ch. 273, § 15; G.L. 1923, ch. 323, § 15; G.L. 1938, ch. 496, § 15; G.L. 1956, § 8-2-34.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-2 - Superior Court › Section 8-2-35. - Arraignment of persons presented — Warrants on indictments or information.

§ 8-2-35. Arraignment of persons presented — Warrants on indictments or information.
The superior court may arraign all persons presented by a grand jury or charged by information filed by the attorney general, and may require such persons to plead to the indictment against them, if in custody, or if taken while the court is in session; and if not in custody, or taken while the court is in session, may issue warrants on the indictment or information.
History of Section.
C.P.A. 1905, § 19; G.L. 1909, ch. 273, § 16; G.L. 1923, ch. 323, § 16; G.L. 1938, ch. 496, § 16; G.L. 1956, § 8-2-35; P.L. 1972, ch. 169, § 1; P.L. 1974, ch. 118, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-2 - Superior Court › Section 8-2-36. - Admission to bail.

§ 8-2-36. Admission to bail.
The superior court may admit to bail all persons brought before it for any offense whatsoever.
History of Section.
C.P.A. 1905, § 20; G.L. 1909, ch. 273, § 17; G.L. 1923, ch. 323, § 17; G.L. 1938, ch. 496, § 17; G.L. 1956, § 8-2-36.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-2 - Superior Court › Section 8-2-37. - Requiring recognizance of criminal complainants.

§ 8-2-37. Requiring recognizance of criminal complainants.
The superior court may require the complainant in any criminal pleading pending therein to give recognizance with sufficient surety to prosecute his or her complaint, with effect, and in default thereof the court may dismiss the complaint.
History of Section.
C.P.A. 1905, § 22; G.L. 1909, ch. 273, § 19; G.L. 1923, ch. 323, § 19; G.L. 1938, ch. 496, § 19; G.L. 1956, § 8-2-37.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-2 - Superior Court › Section 8-2-38. - Instructions to jury.

§ 8-2-38. Instructions to jury.
In every case, civil and criminal, tried in the superior court with a jury, the justice presiding shall instruct the jury in the law relating to the action, and may sum up the evidence therein to the jury whenever he or she may deem it advisable so to do; but any material misstatement of the testimony by him or her may be excepted to by the party aggrieved.
History of Section.
C.P.A. 1905, § 23; G.L. 1909, ch. 273, § 20; G.L. 1923, ch. 323, § 20; G.L. 1938, ch. 496, § 20; G.L. 1956, § 8-2-38.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-2 - Superior Court › Section 8-2-39.1. - Special magistrate.

§ 8-2-39.1. Special magistrate.
There is hereby created within the superior court the position of special magistrate, who shall be appointed by the presiding justice of the superior court, with the advice and consent of the senate, for a period of ten (10) years, and until a successor is appointed and qualified. Nothing contained herein shall be construed to prohibit the reappointment of a special magistrate for one or more additional ten (10) year terms, subject to the advice and consent of the senate. The person appointed to serve as special magistrate shall be a member of the bar of the state of Rhode Island. The special magistrate shall have the duties, responsibilities, powers and benefits as authorized in § 8-2-39.
History of Section.
P.L. 1997, ch. 30, art. 1, § 21; P.L. 1998, ch. 442, § 1; P.L. 2007, ch. 73, art. 3, § 6.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-2 - Superior Court › Section 8-2-40. - Land use calendar. [Effective January 1, 2024.]

§ 8-2-40. Land use calendar. [Effective January 1, 2024.]
(a)
Findings and declarations.
The general assembly finds and declares that:
(1)
There are significant delays in the development permitting process in the State of Rhode Island which results in lost opportunity for the needed development of housing units and commercial development to neighboring states.
(2)
Contributing to the delay were lengthy administrative appeals to local and state boards prior to appeals to superior court.
(3)
Previous legislation amended the appeal process in most cases to provide a direct right of appeal to superior court.
(4)
Landowners, applicants, municipalities, and abutters are entitled to decisions with respect to ordinances, regulations, decisions regarding property rights and interests that do not require years of costly appeals and litigation.
(5)
There is a need for uniform treatment of such matters, and related matters that are statutorily provided with priority on the judicial calendar and expedited for decision.
(b)
Establishment.
To accomplish this purpose in an effort to minimize delay in the processing of land use matters in superior court, effective January 1, 2024, there shall be established a separate calendar for the administration and determination of all land use matters.
(c)
Land use calendar.
The presiding judge of the superior court shall create a land use calendar in superior court and shall assign personnel to the extent warranted to exclusively hear and decide all eligible land use matters, and the calendar shall be referred to as the “land use calendar.” Cases eligible for the land use calendar shall include appeals under §§ 45-22.2-9.1, 45-23-71, 45-23-72, 45-24-69, 45-24-71; 45-24.4-16, 45-24.6-9, 45-53-5; and 45-53-5.1. Any party may request a conference to seek assignment to the land use calendar, and acceptance of any matter in addition to the sections listed above shall be at the discretion of the judge(s) assigned to the calendar.
(d)
Timing.
All matters assigned to the land use calendar shall be expedited. All memoranda from all interested parties in an appeal assigned to the calendar shall be completed within sixty (60) days of the filing of the certified record. No continuances or postponements shall be granted except for good cause shown. Such continuances as are necessary shall be granted for the shortest practicable time.
(e)
Use of section.
Under no circumstances shall any party be permitted to utilize this section as a basis for dismissal of an action, as this section is enacted for the benefit and convenience of the superior court.
History of Section.
P.L. 2023, ch. 306, § 1, effective January 1, 2024; P.L. 2023, ch. 307, § 1, effective January 1, 2024.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-3 - Justices of Supreme, Superior, and Family Courts › Section 8-3-1. - Engagement of office — Restriction on practice of law.

§ 8-3-1. Engagement of office — Restriction on practice of law.
(a)
Every justice of the supreme court and of the superior court and of the family court shall, before exercising any of the duties of his or her office, subscribe in duplicate and take the following engagement: “I _______________________________________ do solemnly swear (or affirm) that I will support the constitution of the United States and the constitution and laws of this state; that I will administer justice without respect to persons, and do equal right to the poor and to the rich; and that I will faithfully and impartially discharge and perform all the duties incumbent on me as _______________________________________ according to the best of my abilities, agreeable to law; so help me God.” (Or, “this affirmation I make and give upon peril of the penalty or perjury.”) One of the engagements shall be filed in the office of the clerk of the court of which the justice is a member and entered upon the record thereof, and the other shall be filed in the office of the secretary of state.
(b)
A justice of the supreme court, of the superior court, and of the family court shall devote full time to his or her judicial duties. He or she shall not practice law while holding office nor shall he or she be a partner or associate of any person in the practice of law.
History of Section.
C.P.A. 1905, § 28; G.L. 1909, ch. 274, § 1; G.L. 1923, ch. 324, § 1; G.L. 1938, ch. 497, § 1; G.L. 1956, § 8-3-1; P.L. 1969, ch. 239, § 57; P.L. 1985, ch. 150, § 14.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-3 - Justices of Supreme, Superior, and Family Courts › Section 8-3-2. - Precedence of associate justices.

§ 8-3-2. Precedence of associate justices.
The associate justices shall have precedence in their respective courts according to the dates of their commissions, or when the commission of two or more of them bear the same date, according to their ages.
History of Section.
C.P.A. 1905, § 31; G.L. 1909, ch. 274, § 4; G.L. 1923, ch. 324, § 4; G.L. 1938, ch. 497, § 4; G.L. 1956, § 8-3-2.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-3 - Justices of Supreme, Superior, and Family Courts › Section 8-3-3. - Vacancy in office or inability of chief justice of supreme court.

§ 8-3-3. Vacancy in office or inability of chief justice of supreme court.
Whenever there is a vacancy in the office of chief justice of the supreme court, or whenever the chief justice shall be unable, by reason of illness or absence, to perform the duties of his or her office, the associate justice of the supreme court having precedence who is present and qualified to act shall perform the duties of the office until the vacancy shall be filled or the inability removed.
History of Section.
C.P.A. 1905, § 32; G.L. 1909, ch. 274, § 5; G.L. 1923, ch. 324, § 5; P.L. 1932, ch. 1878, § 1; G.L. 1938, ch. 497, § 5; G.L. 1956, § 8-3-3.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-3 - Justices of Supreme, Superior, and Family Courts › Section 8-3-4. - Vacancy in office, inability, or absence of presiding justice of superior court.

§ 8-3-4. Vacancy in office, inability, or absence of presiding justice of superior court.
Whenever there is a vacancy in the office of presiding justice of the superior court, or whenever the presiding justice shall be unable by reason of illness to perform the duties of his office, the associate justice of the superior court having precedence who is present and qualified to act shall perform the duties of the office until the vacancy shall be filled or the inability removed. In the event that the presiding justice determines that his or her absence will prevent him or her from performing the duties of his or her office, he or she shall designate an associate justice to perform the duties during the period of his or her absence.
History of Section.
C.P.A. 1905, § 32; G.L. 1909, ch. 274, § 5; G.L. 1923, ch. 324, § 5; P.L. 1932, ch. 1878, § 1; G.L. 1938, ch. 497, § 5; G.L. 1956, § 8-3-4; P.L. 1965, ch. 98, § 1; P.L. 1980, ch. 132, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-3 - Justices of Supreme, Superior, and Family Courts › Section 8-3-5. - Repealed.

§ 8-3-5. Repealed.
History of Section.
C.P.A. 1905, § 30; G.L. 1909, ch. 274, § 3; G.L. 1923, ch. 324, § 3; G.L. 1938, ch. 497, § 3; G.L. 1956, § 8-3-5; Repealed by P.L. 1987, ch. 381, § 2. Section 7 of P.L. 1987, ch. 381 provides that the repeal of this section by that Act shall take effect on the date that Rhode Island Rules of Evidence adopted by the Supreme Court take effect. Those Rules took effect October 1, 1987.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-3 - Justices of Supreme, Superior, and Family Courts › Section 8-3-6. - Justices as conservators of peace — Powers in criminal cases.

§ 8-3-6. Justices as conservators of peace — Powers in criminal cases.
The justices of the supreme and superior court shall, by virtue of their office, be severally conservators of the peace throughout the state, and shall severally have the same power in criminal cases throughout the state that district courts have in their respective districts.
History of Section.
C.P.A. 1905, § 35; G.L. 1909, ch. 274, § 8; G.L. 1923, ch. 324, § 8; G.L. 1938, ch. 497, § 8; G.L. 1956, § 8-3-6.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-3 - Justices of Supreme, Superior, and Family Courts › Section 8-3-7.1. - Repealed.

§ 8-3-7.1. Repealed.
History of Section.
P.L. 1997, ch. 93, § 2; P.L. 2005, ch. 165, § 1; P.L. 2007, ch. 126, § 1; P.L. 2007, ch. 179, § 1; Repealed by P.L. 2008, ch. 100, art. 35, § 2, effective June 26, 2008.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-3 - Justices of Supreme, Superior, and Family Courts › Section 8-3-7.2. - No incremental retirement benefit for temporary service as chief justice, presiding justice or chief judge.

§ 8-3-7.2. No incremental retirement benefit for temporary service as chief justice, presiding justice or chief judge.
No increment in salary resulting from any rule or regulation providing for an increment in salary for temporary service as chief justice, presiding justice or chief judge shall be construed to add to the annual salary of a judicial officer for purposes of retirement under § 8-3-7.
History of Section.
P.L. 1997, ch. 93, § 2; P.L. 2011, ch. 63, § 1; P.L. 2011, ch. 95, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-3 - Justices of Supreme, Superior, and Family Courts › Section 8-3-8.1. - Repealed.

§ 8-3-8.1. Repealed.
History of Section.
P.L. 1997, ch. 93, § 2; P.L. 2007, ch. 126, § 1; P.L. 2007, ch. 179, § 1; Repealed by P.L. 2008, ch. 100, art. 35, § 2, effective June 26, 2008.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-3 - Justices of Supreme, Superior, and Family Courts › Section 8-3-8.2. - No incremental retirement benefit for temporary service as chief justice, presiding justice or chief judge.

§ 8-3-8.2. No incremental retirement benefit for temporary service as chief justice, presiding justice or chief judge.
No increment in salary resulting from any rule or regulation providing for an increment in salary for temporary service as chief justice, presiding justice or chief judge shall be construed to add to the annual salary of a judicial officer for purposes of retirement under § 8-3-8 or 8-3-8.1.
History of Section.
P.L. 1997, ch. 93, § 2; P.L. 2008, ch. 229, § 1; P.L. 2008, ch. 321, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-3 - Justices of Supreme, Superior, and Family Courts › Section 8-3-9. - Computation of service time as to former courts.

§ 8-3-9. Computation of service time as to former courts.
For purposes of determining eligibility for retirement under §§ 8-3-7 and 8-3-8, the years of service of any person who has served as an associate judge of the juvenile court prior to September 1, 1961, or who has served as a judge or clerk of a district court as constituted prior to September 15, 1969, or a judge of the workers’ compensation court, shall be included as if the service had been on the court to which the person may have been subsequently appointed.
History of Section.
P.L. 1978, ch. 340, § 2; P.L. 1999, ch. 216, § 2; P.L. 1999, ch. 384, § 2.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-3 - Justices of Supreme, Superior, and Family Courts › Section 8-3-10. - Service after retirement.

§ 8-3-10. Service after retirement.
Any justice or judge of the supreme court, superior court, family court, or district court who shall retire in accordance with the provisions of § 8-3-7, 8-3-8, or 8-3-12 and who shall subsequently be assigned to perform service in accordance with § 8-3-7 or 8-3-8, when so assigned and performing such service, shall receive in addition to his or her retirement pension the difference in pay and fringe benefits between what he or she was entitled to receive under § 8-3-7, 8-3-8, or 8-3-12 prior to exercising his or her options available under § 8-3-11 and what a judge or justice with comparable state service time is receiving as a justice or judge of the court to which he/she is assigned, or a justice or judge of the court from which he/she retired, whichever is greater.
History of Section.
P.L. 1979, ch. 19, § 3.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-3 - Justices of Supreme, Superior, and Family Courts › Section 8-3-12. - Retirement of judges with general assembly or office service.

§ 8-3-12. Retirement of judges with general assembly or office service.
Any person, who has served as a member of the general assembly, as a general officer, and as a justice of the supreme court, the superior court, the family court, or the district court, whose combined service as a member of the general assembly, a justice, and a general officer is twenty (20) years or more and who has retired, resigned, and completed such service prior to January 1, 2014, shall, upon reaching the age of sixty-two (62) years, receive during life a sum equal to three-fourths (¾) of the highest annual salary that the person was receiving during such service.
History of Section.
P.L. 1974, ch. 272, § 1; P.L. 1979, ch. 19, § 1; P.L. 1979, ch. 407, § 1; P.L. 1979, ch. 408, § 1; P.L. 1983, ch. 76, § 1; P.L. 2014, ch. 38, § 1; P.L. 2014, ch. 41, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-3 - Justices of Supreme, Superior, and Family Courts › Section 8-3-13. - Pension for surviving spouses or domestic partners of judges dying prior to May 10, 1974.

§ 8-3-13. Pension for surviving spouses or domestic partners of judges dying prior to May 10, 1974.
Whenever any justice of the superior court, having served as a justice for at least seven (7) years who died prior to May 10, 1974 during active service, his or her surviving spouse or domestic partner shall receive annually thereafter, during his or her lifetime and so long as he or she remains unmarried or not in a domestic partnership, an amount equal to one-third (⅓) of the annual payment that the justice was receiving by way of salary or retirement pay at the time of his or her death.
History of Section.
P.L. 1974, ch. 272, § 1; P.L. 1983, ch. 76, § 1; P.L. 2007, ch. 510, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-3 - Justices of Supreme, Superior, and Family Courts › Section 8-3-14. - Applicability of §§ 8-3-12 — 8-3-14.

§ 8-3-14. Applicability of §§ 8-3-12 — 8-3-14.
Sections 8-3-12 — 8-3-14 shall be applicable to all justices of the supreme court whose retirement, resignation, or death occurred subsequent to January 1, 1963, and prior to May 10, 1974, and the surviving spouses of such justices so long as they remain unmarried. Any surviving spouses of justices eligible for benefits pursuant to this section shall receive benefits hereunder from the time of application therefor, and until their death or remarriage, and such benefits shall not be paid for any time between the death or resignation of such justice and May 10, 1974.
History of Section.
P.L. 1974, ch. 272, § 1; P.L. 1983, ch. 76, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-3 - Justices of Supreme, Superior, and Family Courts › Section 8-3-17. - State contributions.

§ 8-3-17. State contributions.
The state of Rhode Island shall make its contribution for the maintaining of the system established by § 8-3-16 and providing the annuities, benefits, and retirement allowances in accordance with the provisions of this chapter by annually appropriating an amount that will pay a rate percent of the compensation paid after December 31, 1989, to judges engaged after December 31, 1989. The rate percent shall be computed and certified in accordance with the procedures set forth in §§ 36-8-13 and 36-10-2 under rules and regulations promulgated by the retirement board pursuant to § 36-8-3. The amounts that would have been contributed shall be deposited in a special fund and not used for any purpose on the date contributions are withheld but no later than three (3) business days following the pay period ending in which contributions were withheld.
History of Section.
P.L. 1989, ch. 494, § 2; P.L. 1990, ch. 507, § 2; P.L. 2009, ch. 5, art. 10, § 4; P.L. 2009, ch. 68, art. 7, § 10; P.L. 2010, ch. 9, § 3; P.L. 2010, ch. 10, § 3; P.L. 2011, ch. 408, § 15; P.L. 2011, ch. 409, § 15; P.L. 2019, ch. 205, § 1; P.L. 2019, ch. 271, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-3 - Justices of Supreme, Superior, and Family Courts › Section 8-3-18. - Calculation of retirement benefits.

§ 8-3-18. Calculation of retirement benefits.
For purposes of the calculation of retirement benefits, in the event that any justice or judge of the supreme court, the superior court, the family court, or the district court participates or acquiesces in a state shutdown or in a reduced salary or a salary deferral plan consistent with any such plan imposed upon or agreed to by other state employees, his or her annual salary shall be calculated as if he or she had not participated or acquiesced in any such shutdown or plan.
History of Section.
P.L. 1991, ch. 129, § 4; P.L. 1991 ch. 174, § 4.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-3 - Justices of Supreme, Superior, and Family Courts › Section 8-3-19. - Domestic partner — Definition.

§ 8-3-19. 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, § 2.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-3 - Justices of Supreme, Superior, and Family Courts › Section 8-3-20. - Severability.

§ 8-3-20. Severability.
The holding of any section or sections or parts of this chapter to be void, ineffective, or unconstitutional for any cause shall not be deemed to affect any other section or part hereof.
History of Section.
P.L. 2011, ch. 408, § 15; P.L. 2011, ch. 409, § 15.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-4 - Clerks of Supreme and Superior Courts › Section 8-4-1. - Clerk of supreme court.

§ 8-4-1. Clerk of supreme court.
There shall be a clerk of the supreme court, with an office in Providence.
History of Section.
C.P.A. 1905, § 48; G.L. 1909, ch. 276, § 1; G.L. 1923, ch. 326, § 1; G.L. 1938, ch. 499, § 1; G.L. 1956, § 8-4-1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-4 - Clerks of Supreme and Superior Courts › Section 8-4-2. - Appointment and term of supreme court clerk.

§ 8-4-2. Appointment and term of supreme court clerk.
In the month of April and every five (5) years thereafter, the chief justice of the supreme court with the advice and consent of the senate, shall appoint a clerk of the supreme court. The person so appointed shall hold office until the first day of May in the fifth year next after his or her appointment and until his or her successor is appointed and qualified.
History of Section.
G.L. 1896, ch. 24, § 6; P.L. 1901, ch. 809, § 2; C.P.A. 1905, § 1086; G.L. 1909, ch. 30, § 6; P.L. 1914, ch. 1035, § 1; G.L. 1923, ch. 30, § 3; P.L. 1936 (s.s.), ch. 2442, § 1; G.L. 1938, ch. 489, § 3; P.L. 1956, ch. 3832, § 2; G.L. 1956, § 8-4-2; P.L. 2002, ch. 109, § 2; P.L. 2002, ch. 425, § 2.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-4 - Clerks of Supreme and Superior Courts › Section 8-4-3. - Vacancy in office of clerk.

§ 8-4-3. Vacancy in office of clerk.
In case of a vacancy in the office of the clerk of the supreme court from any cause, the chief justice shall appoint some person to fill such vacancy for the balance of the unexpired term and until his or her successor is appointed and qualified.
History of Section.
G.L. 1923, ch. 30, § 3; P.L. 1936 (s.s.), ch. 2442, § 1; G.L. 1938, ch. 489, § 3; G.L. 1956, § 8-4-3; P.L. 2003, ch. 267, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-4 - Clerks of Supreme and Superior Courts › Section 8-4-3.1. - Repealed.

§ 8-4-3.1. Repealed.
History of Section.
P.L. 1981, ch. 266, § 2; Repealed by P.L. 1996, ch. 138, § 1, effective July 1, 1996.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-4 - Clerks of Supreme and Superior Courts › Section 8-4-4. - Clerks of superior court.

§ 8-4-4. Clerks of superior court.
There shall be a clerk of the superior court for the counties of Providence and Bristol, and a clerk of the superior court for each of the counties of Newport, Washington, and Kent.
History of Section.
C.P.A. 1905, § 49; G.L. 1909, ch. 276, § 2; G.L. 1923, ch. 326, § 2; P.L. 1932, ch. 1856, § 2; G.L. 1938, ch. 499, § 2; G.L. 1956, § 8-4-4.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-4 - Clerks of Supreme and Superior Courts › Section 8-4-4.1. - Retirement of superior court clerks as clerks emeritus.

§ 8-4-4.1. Retirement of superior court clerks as clerks emeritus.
Any clerk of the superior court serving on or after May 16, 1984 and who retires from the position of clerk under the state retirement system after having served not less than nine (9) years in the position shall, upon such retirement, be deemed to be clerk emeritus of the superior court, shall retain the authority and power of a clerk of the superior court, including but not limited to the authority and power to join persons in marriage in any city or town in this state, and shall be available, subject to the retiree’s physical and mental competence, for assignment for active duty as clerk of the superior court without additional compensation therefor by the presiding judge thereof.
History of Section.
P.L. 1984, ch. 435, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-4 - Clerks of Supreme and Superior Courts › Section 8-4-5. - Appointment, terms, and salaries of superior court clerks.

§ 8-4-5. Appointment, terms, and salaries of superior court clerks.
In the month of May, 1971, and in the month of January in 1976 and in every fifth year thereafter, the presiding justice of the superior court, with the advice and consent of the senate, shall appoint a clerk of the superior court for the counties of Providence and Bristol, and a clerk of the superior court for each of the counties of Newport, Washington, and Kent. The persons so appointed shall hold office until the first day of February in the fifth year next after their appointment and until their successors are appointed and qualified. They shall be entitled to the same longevity salary increases as though they were in the classified service.
History of Section.
P.L. 1911, ch. 720, § 1; G.L. 1923, ch. 30, § 6; P.L. 1932, ch. 1856, § 1; P.L. 1936 (s.s.), ch. 2441, § 1; G.L. 1938, ch. 489, § 4; G.L. 1956, § 8-4-5; P.L. 1968, ch. 128, § 1; P.L. 1971, ch. 168, § 1; P.L. 1972, ch. 250, § 1; P.L. 1973, ch. 209, § 1; P.L. 1978, ch. 205, art. IX, § 4; P.L. 2005, ch. 10, § 1; P.L. 2005, ch. 21, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-4 - Clerks of Supreme and Superior Courts › Section 8-4-6. - Vacancies in office of superior court clerk.

§ 8-4-6. Vacancies in office of superior court clerk.
In case of a vacancy in the office of clerk of the superior court for the counties of Providence and Bristol, or in the office of clerk of the superior court of either of the counties of Newport, Washington, or Kent, from any cause, the presiding justice of the superior court with the advice and consent of the senate shall appoint some person to fill such vacancy for the balance of the unexpired term and until his or her successor is appointed and qualified.
History of Section.
G.L. 1923, ch. 30, § 6; P.L. 1936 (s.s.), ch. 2441, § 1; G.L. 1938, ch. 489, § 4; G.L. 1956, § 8-4-6; P.L. 2005, ch. 10, § 1; P.L. 2005, ch. 21, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-4 - Clerks of Supreme and Superior Courts › Section 8-4-7. - Repealed.

§ 8-4-7. Repealed.
History of Section.
C.P.A. 1905, § 50; G.L. 1909, ch. 276, § 3; G.L. 1923, ch. 326, § 3; G.L. 1938, ch. 499, § 3; G.L. 1956, § 8-4-7; Repealed by P.L. 1980, ch. 96, § 1. For present law see § 42-20-9.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-4 - Clerks of Supreme and Superior Courts › Section 8-4-8. - General duties of clerks.

§ 8-4-8. General duties of clerks.
The superior court clerks shall constantly attend the sittings of their respective courts, shall keep the seal, books, and papers thereof, shall collect and receive all fines and costs in criminal cases, and all court fees in civil cases and shall account therefor as required by law, shall make fair entries and records of all the proceedings, judgments, orders, and decrees therein either in writing or by means of an electronic storage system or other data compilation system, shall furnish stationery to be allowed by the court for the use of the court, and shall do and perform all other things which by law or the rules of the court shall appertain to their office.
History of Section.
C.P.A. 1905, § 51; G.L. 1909, ch. 276, § 4; G.L. 1923, ch. 326, § 4; G.L. 1938, ch. 499, § 4; G.L. 1956, § 8-4-8; P.L. 1980, ch. 93, § 1; P.L. 1989, ch. 202, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-4 - Clerks of Supreme and Superior Courts › Section 8-4-9. - Duty to recite pleadings in record of judgment.

§ 8-4-9. Duty to recite pleadings in record of judgment.
The superior court clerks shall, in the record of every judgment, recite the substance of the pleadings in the cause, except that the court may by general rule, general order, or special order direct in what manner and to what extent, if any, the pleadings in any or all causes which are entered in either of the courts shall be extended upon the records; and whenever, by accident, neglect, or otherwise, except by order of the court, any clerk shall have failed to record the proceedings of the court of which he or she is clerk, in any cause pending before it, the court may direct the acting clerk to record the proceedings, upon such evidence as may be satisfactory to it, giving notice to the parties interested, or their attorneys, whenever from the circumstances of the case the court may deem proper.
History of Section.
C.P.A. 1905, § 52; G.L. 1909, ch. 276, § 5; P.L. 1922, ch. 2168, § 1; G.L. 1923, ch. 326, § 5; G.L. 1938, ch. 499, § 5; G.L. 1956, § 8-4-9.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-4 - Clerks of Supreme and Superior Courts › Section 8-4-10. - Indexing of judgment records.

§ 8-4-10. Indexing of judgment records.
The superior court clerks shall make or cause to be made two (2) indexes to every current book and electronic storage system or other data compilation system of records of judgments in their offices, one, an alphabetical index of the names of all the plaintiffs, complainants, or petitioners, giving also the names of the defendants or respondents, in each case; and the other, an alphabetical index of the names of all the defendants or respondents, giving also the names of the plaintiffs, complainants, or petitioners, in each case.
History of Section.
C.P.A. 1905, § 53; G.L. 1909, ch. 276, § 6; G.L. 1923, ch. 326, § 6; G.L. 1938, ch. 499, § 6; G.L. 1956, § 8-4-10; P.L. 1990, ch. 203, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-4 - Clerks of Supreme and Superior Courts › Section 8-4-11. - Repealed.

§ 8-4-11. Repealed.
History of Section.
C.P.A. 1905, § 54; G.L. 1909, ch. 276, § 7; G.L. 1923, ch. 326, § 7; G.L. 1938, ch. 499, § 7; G.L. 1956, § 8-4-11; Repealed by P.L. 1961, ch. 73, § 20.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-4 - Clerks of Supreme and Superior Courts › Section 8-4-12. - Appointment of clerk pro tempore.

§ 8-4-12. Appointment of clerk pro tempore.
In case of the death, resignation, absence, inability, or refusal to serve of any of the superior court clerks, the chief justice, or the presiding justice of the court in which the vacancy, or inability, or refusal to serve occurs, may appoint a clerk pro tempore, who shall hold his or her office until the clerk shall have returned or the inability shall have been removed or another clerk shall have been appointed to fill the vacancy and shall have qualified.
History of Section.
C.P.A. 1905, § 55; G.L. 1909, ch. 276, § 8; G.L. 1923, ch. 326, § 8; G.L. 1938, ch. 499, § 8; G.L. 1956, § 8-4-12.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-4 - Clerks of Supreme and Superior Courts › Section 8-4-13. - Qualification and compensation of clerk pro tempore.

§ 8-4-13. Qualification and compensation of clerk pro tempore.
The clerk appointed pursuant to § 8-4-12 shall be sworn and give bond before he or she enters upon the duties of his or her office and shall, during his or her term of service, be entitled to the compensation of the office.
History of Section.
C.P.A. 1905, § 56; G.L. 1909, ch. 276, § 9; G.L. 1923, ch. 326, § 9; G.L. 1938, ch. 499, § 9; G.L. 1956, § 8-4-13.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-4 - Clerks of Supreme and Superior Courts › Section 8-4-14. - Appointment of deputies.

§ 8-4-14. Appointment of deputies.
The clerk of the supreme court, with the approval of the Chief Justice, may appoint one or more deputy clerks, who, being sworn, may discharge all the duties of the clerk appointing them.
History of Section.
C.P.A. 1905, § 57; G.L. 1909, ch. 276, § 10; G.L. 1923, ch. 326, § 10; G.L. 1938, ch. 499, § 10; G.L. 1956, § 8-4-14; P.L. 1981, ch. 266, § 1; P.L. 1997, ch. 311, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-4 - Clerks of Supreme and Superior Courts › Section 8-4-15. - Removal of deputies — Compensation — Liability for misconduct or neglect.

§ 8-4-15. Removal of deputies — Compensation — Liability for misconduct or neglect.
Each deputy clerk shall be removable at the pleasure of the Chief Justice of the Supreme Court; and the supreme court clerk appointing him or her shall fix the amount of his or her compensation within the amount appropriated therefor and shall be liable for his misconduct or neglect of duty.
History of Section.
C.P.A. 1905, § 58; G.L. 1909, ch. 276, § 11; G.L. 1923, ch. 326, § 11; G.L. 1938, ch. 499, § 11; G.L. 1956, § 8-4-15; P.L. 1981, ch. 266, § 1; P.L. 1997, ch. 311, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-4 - Clerks of Supreme and Superior Courts › Section 8-4-16. - Assistant supreme court clerks.

§ 8-4-16. Assistant supreme court clerks.
The clerk of the supreme court shall appoint, with the approval of the court, not more than two (2) assistant clerks, who shall hold office until removed by the clerk or the court.
History of Section.
C.P.A. 1905, § 59; G.L. 1909, ch. 276, § 12; G.L. 1923, ch. 326, § 12; G.L. 1938, ch. 499, § 12; G.L. 1956, § 8-4-16.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-4 - Clerks of Supreme and Superior Courts › Section 8-4-17. - Appointment of assistant superior court clerks — Employment of clerical assistance by the presiding justice.

§ 8-4-17. Appointment of assistant superior court clerks — Employment of clerical assistance by the presiding justice.
(a)
The presiding justice shall appoint as many assistant clerks as may be necessary, who shall hold office until removed by the presiding justice.
(b)
The presiding justice is hereby authorized and empowered to employ such clerical assistance in addition to assistant clerks as may be required in the clerk’s office in copying, recording, indexing, and attending upon the files of the court, and the general assembly shall annually appropriate such sum as it may deem necessary for this purpose; and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer in payment for such assistance, upon proper vouchers approved and certified by the presiding justice or his or her designee.
History of Section.
C.P.A. 1905, § 60; G.L. 1909, ch. 276, § 13; P.L. 1909, ch. 406, § 1; P.L. 1918, ch. 1639, § 1; P.L. 1920, ch. 1850, § 1; P.L. 1922, ch. 2165, § 1; G.L. 1923, ch. 326, § 13; P.L. 1925, ch. 621, § 1; P.L. 1927, ch. 994, § 1; P.L. 1928, ch. 1178, § 1; P.L. 1930, ch. 1543, § 1; P.L. 1935, ch. 2250, § 149; G.L. 1938, ch. 499, § 13; impl. am. P.L. 1939, ch. 660, § 65; G.L. 1956, § 8-4-17; P.L. 1981, ch. 266, § 1; P.L. 1997, ch. 311, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-4 - Clerks of Supreme and Superior Courts › Section 8-4-18. - Powers of assistants in Providence and Bristol counties.

§ 8-4-18. Powers of assistants in Providence and Bristol counties.
Each of the assistant clerks for the counties of Providence and Bristol shall aid his principal in the discharge of his duties and any act done by him or her, under direction of the clerk, in the line of duty of the clerk, shall have the same force and effect as though done by the clerk; he or she shall have authority to administer oaths to parties, witnesses, and others as required in the conduct of the proceedings of the court.
History of Section.
C.P.A. 1905, § 61; G.L. 1909, ch. 276, § 14; G.L. 1923, ch. 326, § 14; P.L. 1930, ch. 1544, § 1; G.L. 1938, ch. 499, § 14; G.L. 1956, § 8-4-18.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-4 - Clerks of Supreme and Superior Courts › Section 8-4-19. - Employment of clerical assistants in Kent, Washington, and Newport counties.

§ 8-4-19. Employment of clerical assistants in Kent, Washington, and Newport counties.
The clerks of the superior courts within the counties of Kent, Washington, and Newport may employ such clerical assistance in their respective offices as they may deem necessary, and the general assembly shall annually appropriate such sum as it may deem necessary for this purpose; and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum, or so much thereof as may from time to time be required, upon receipt by him or her of proper vouchers approved by the clerk of the court.
History of Section.
C.P.A. 1905, § 62; P.L. 1908, ch. 1546, § 1; G.L. 1909, ch. 276, §§ 15, 17, 18; P.L. 1915, ch. 1196, § 1; P.L. 1916, ch. 1390, § 1; P.L. 1919, ch. 1731, § 1; P.L. 1919, ch. 1786, § 1; P.L. 1920, ch. 1918, § 1; P.L. 1920, ch. 1934, § 1; G.L. 1923, ch. 326, §§ 15, 17, 18; P.L. 1930, ch. 1546, § 1; P.L. 1931, ch. 1708, § 1; P.L. 1935, ch. 2250, § 149; G.L. 1938, ch. 499, § 15; impl. am. P.L. 1939, ch. 660, § 65; G.L. 1956, § 8-4-19.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-4 - Clerks of Supreme and Superior Courts › Section 8-4-20. - Custody of files and records.

§ 8-4-20. Custody of files and records.
The files and records of the supreme court shall be in the custody of the clerk of the supreme court. The files and records now in the offices of the clerks of the superior court in the counties of Providence, Newport, Washington, and Kent, which were transferred to the offices from the appellate division and the common pleas division of the supreme court in those counties, shall be and remain, respectively, in the custody of the clerks of the superior court in each of those counties. The files and records in the office of the clerk of the superior court in Providence, including all books, papers, and records of the office and all other public property, which were transferred from the office of the assistant clerk of the superior court in Bristol to the office in Providence, shall there remain in the custody of the clerk.
History of Section.
P.L. 1906, ch. 1327, § 1; G.L. 1909, ch. 276, § 16; G.L. 1923, ch. 326, § 16; P.L. 1932, ch. 1856, § 2; G.L. 1938, ch. 499, § 16; G.L. 1956, § 8-4-20.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-4 - Clerks of Supreme and Superior Courts › Section 8-4-21. - General assistant clerks.

§ 8-4-21. General assistant clerks.
The presiding justice of the superior court shall appoint four (4) general assistant clerks, who shall hold office until removed by the presiding justice. Each of the general assistant clerks may be designated by the presiding justice for service in assisting any of the clerks of the superior court for the several counties throughout the state. When so designated, that general assistant clerk shall aid the clerk of the county or counties where he or she shall be so designated and any act done by him or her, under direction of the clerk of the county, in the line of duty of the clerk, shall have the same force and effect as though done by the clerk; each general assistant clerk shall have the authority in any county to administer oaths to parties, witnesses, and others, as required in the conduct of the proceedings of the court. The general assistant clerks may be advanced to the rank of deputy clerk by appointment of the presiding justice of the superior court and may in their capacities as deputy clerks be designated by the presiding justice for service in assisting any of the clerks of the superior court for the several counties throughout the state and may discharge all of the duties which could be performed by the clerk of the superior court for any county.
History of Section.
P.L. 1974, ch. 159, § 1; P.L. 1976, ch. 162, § 1; P.L. 1981, ch. 266, § 1; P.L. 1997, ch. 311, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-4.1 - Court Clerks’ Incentive Pay › Section 8-4.1-1. - Incentive pay plan.

§ 8-4.1-1. Incentive pay plan.
There is hereby established an incentive pay program in accordance with the provisions of this chapter offering financial compensation to clerks of the supreme, superior, family, and district courts and administrators of the workers’ compensation court for furthering their education in the field of court administration or law enforcement. This incentive program shall apply to clerks who hold this position on July 5, 1994, and shall not apply to any person hired as a clerk after July 5, 1994.
History of Section.
P.L. 1976, ch. 205, § 1; P.L. 1981, ch. 227, § 1; P.L. 1994, ch. 125, § 1.