reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-7 - Death by Wrongful Act › Section 10-7-3. - Action by beneficiaries.

§ 10-7-3. Action by beneficiaries.
If there is no executor or administrator, or if, there being one, no action is brought in his or her name within six (6) months after the death, one action may be brought in the names of all the beneficiaries, either by all, or by part stating that they sue for the benefit of all, and stating their respective relations to the deceased; provided, that if all do not bring suit, only those bringing it shall be responsible for costs; but judgment shall be for the benefit of all and shall be entered as several judgments for each in his or her proportion, and executions thereon shall issue in favor of each respectively; provided, further, that if action is brought by the beneficiaries, no action shall thereafter be brought by the executor or administrator. There shall be but one bill of costs in favor of the plaintiffs, which shall enure equally for the benefit of those bringing the suit, and of them only.
History of Section.
C.P.A. 1905, § 234; G.L. 1909, ch. 283, § 14; G.L. 1923, ch. 333, § 14; P.L. 1932, ch. 1912, § 1; G.L. 1938, ch. 477, § 1; P.L. 1949, ch. 2332, § 1; G.L. 1956, § 10-7-3.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-7 - Death by Wrongful Act › Section 10-7-4. - Cause surviving death of person liable.

§ 10-7-4. Cause surviving death of person liable.
Any cause of action arising under §§ 10-7-1 — 10-7-4 and any action authorized by this chapter shall survive the death of any person liable for damages under this chapter, and may be originally brought against his or her executor or administrator or, if brought against the liable person in his or her lifetime, may in the event of his or her death be defended by his or her executor or administrator.
History of Section.
G.L. 1923, ch. 333, § 14; P.L. 1932, ch. 1912, § 1; G.L. 1938, ch. 477, § 1; P.L. 1949, ch. 2332, § 1; G.L. 1956, § 10-7-4; P.L. 1997, ch. 326, § 30.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-7 - Death by Wrongful Act › Section 10-7-5. - Liability for medical expense and diminution of earning power.

§ 10-7-5. Liability for medical expense and diminution of earning power.
Whenever the death of a person shall be caused by the wrongful act, neglect, or default of another, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, the person who, or the corporation which, would have been liable if death had not ensued shall be liable to an action for damages, in addition to the one provided for under §§ 10-7-1 — 10-7-4 for the hospital, medical, and other expenses incurred, including diminution of earning power until time of death, by or in behalf of the party injured by reason of the wrongful act, neglect or default, notwithstanding the death of the person injured and although the death shall have been caused under such circumstances as amount in law to a felony.
History of Section.
G.L. 1923, ch. 477, § 1A; P.L. 1953, ch. 3215, § 1; G.L. 1956, § 10-7-5.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-7 - Death by Wrongful Act › Section 10-7-6. - Executor or administrator to bring § 10-7-5 action — Amount recovered to estate.

§ 10-7-6. Executor or administrator to bring § 10-7-5 action — Amount recovered to estate.
Every action under § 10-7-5 shall be brought by and in the name of the executor or administrator of the deceased person, whether appointed or qualified within or without the state, and the amount recovered in every action under § 10-7-5 shall go to the decedent’s estate and become part of the estate.
History of Section.
G.L. 1923, ch. 477, § 1A; P.L. 1953, ch. 3215, § 1; G.L. 1956, § 10-7-6; P.L. 1997, ch. 326, § 30.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-7 - Death by Wrongful Act › Section 10-7-7. - Pain and suffering recoverable — Limitation of action.

§ 10-7-7. Pain and suffering recoverable — Limitation of action.
In an action under § 10-7-5, recovery may be had for pain and suffering. Except as otherwise provided, every action under § 10-7-5 shall be commenced within three (3) years after the death of the person. With respect to any death caused by any wrongful act, neglect or default which is not known at the time of death, the action shall be commenced within three (3) years of the time that the wrongful act, neglect or default is discovered or, in the exercise of reasonable diligence, should have been discovered.
History of Section.
G.L. 1923, ch. 477, § 1A; P.L. 1953, ch. 3215, § 1; G.L. 1956, § 10-7-7; P.L. 1972, ch. 246, § 1; P.L. 1981, ch. 101, § 1; P.L. 1982, ch. 435, § 1; P.L. 1984, ch. 237, § 1; P.L. 1997, ch. 326, § 30.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-7 - Death by Wrongful Act › Section 10-7-7.1. - Punitive damages.

§ 10-7-7.1. Punitive damages.
In an action commenced under § 10-7-5, recovery may be had for punitive damages if such damages would have been recoverable had the decedent survived.
History of Section.
P.L. 2009, ch. 382, § 2.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-7 - Death by Wrongful Act › Section 10-7-8. - Cause surviving death of person liable.

§ 10-7-8. Cause surviving death of person liable.
Any cause of action arising under §§ 10-7-5 — 10-7-8 and any action authorized by this chapter shall survive the death of any person liable for damages under the cause of action and may be originally brought against his or her executor or administrator or if brought against the person in his or her lifetime may, in the event of his or her death, be defended by his or her executor or administrator.
History of Section.
G.L. 1923, ch. 477, § 1A; P.L. 1953, ch. 3215, § 1; G.L. 1956, § 10-7-8; P.L. 1997, ch. 326, § 30.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-7 - Death by Wrongful Act › Section 10-7-9. - Criminal proceedings not prerequisite.

§ 10-7-9. Criminal proceedings not prerequisite.
In order to maintain any action given in and by this chapter, it shall not be necessary to first institute criminal proceedings against the defendant.
History of Section.
C.P.A. 1905, § 235; G.L. 1909, ch. 283, § 15; G.L. 1923, ch. 333, § 15; G.L. 1938, ch. 477, § 2; P.L. 1953, ch. 3215, § 2; G.L. 1956, § 10-7-9.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-7 - Death by Wrongful Act › Section 10-7-10. - Damages not to estate or asset of estate.

§ 10-7-10. Damages not to estate or asset of estate.
All damages recoverable under §§ 10-7-1 — 10-7-4 and under 10-7-7.1 shall be recoverable by and awarded to those beneficiaries as specified in § 10-7-2 and shall not be deemed or considered damages to the estate of the decedent, nor shall they be considered in any way an asset of the estate of the decedent, nor liable to any claims against the estate of the decedent.
History of Section.
P.L. 1971, ch. 46, § 1; P.L. 2009, ch. 382, § 1.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-7 - Death by Wrongful Act › Section 10-7-11. - Applicability to pending actions.

§ 10-7-11. Applicability to pending actions.
The provisions of this chapter shall apply to all actions for death by wrongful act pending on May 26, 1971.
History of Section.
P.L. 1971, ch. 46, § 1.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-7 - Death by Wrongful Act › Section 10-7-12. - Applicability to actions commenced after passage.

§ 10-7-12. Applicability to actions commenced after passage.
The provisions of this chapter shall also apply to all actions for death by wrongful act commenced after May 26, 1971.
History of Section.
P.L. 1971, ch. 46, § 1.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-7 - Death by Wrongful Act › Section 10-7-13. - Severability.

§ 10-7-13. Severability.
If a court of competent jurisdiction shall adjudge to be invalid or unconstitutional any clause, sentence, paragraph, section or part of this chapter, the judgment or decree shall not affect, impair, invalidate or nullify the remainder of this chapter, but the effect of the court’s adjudication shall be confined to the clause, sentence, paragraph, section or part of this chapter so adjudged to be invalid or unconstitutional.
History of Section.
P.L. 1971, ch. 46, § 1; P.L. 1997, ch. 326, § 30.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-7 - Death by Wrongful Act › Section 10-7-14. - “Homemaker” defined.

§ 10-7-14. “Homemaker” defined.
A homemaker as used in this chapter is a person who has primary responsibility for the care of a home and family and who receives no direct monetary compensation for their duties.
History of Section.
P.L. 1987, ch. 81, § 3.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-7.1 - Libel of a Deceased Person › Section 10-7.1-1. - Liability for damages for libel of a deceased person.

§ 10-7.1-1. Liability for damages for libel of a deceased person.
Whenever a deceased person shall have been slandered or libelled in an obituary or similar account in any newspaper or on any radio or television station within three (3) months of his or her date of death, and the account would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect to the libel, the person who or corporation which would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person.
History of Section.
P.L. 1974, ch. 82, § 1.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-7.1 - Libel of a Deceased Person › Section 10-7.1-2. - Action by executor or administrator — Persons benefited — Limitation of action.

§ 10-7.1-2. Action by executor or administrator — Persons benefited — Limitation of action.
Every action under this chapter shall be brought by and in the name of the executor or administrator of the deceased person, whether appointed or qualified within or without the state, and of the amount recovered in every action under this chapter one-half (½) shall go to the husband or widow, and one-half (½) shall go to the children of the deceased, and if there are no children the whole shall go to the husband or widow, and, if there is no husband or widow, to the next of kin, in the proportion provided by law in relation to the distribution of personal property left by persons dying intestate. Provided, that every action under this chapter shall be commenced within one year after the death of the person.
History of Section.
P.L. 1974, ch. 82, § 1; P.L. 1997, ch. 326, § 31.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-7.1 - Libel of a Deceased Person › Section 10-7.1-3. - Action by beneficiaries.

§ 10-7.1-3. Action by beneficiaries.
If there is no executor or administrator, or if, there being one, no action is brought in his or her name within six (6) months after the death, one action may be brought in the names of all the beneficiaries, either by all, or by part stating that they sue for the benefit of all, and stating their respective relations to the deceased; provided, that if all do not bring suit, only those bringing it shall be responsible for costs; but judgment shall be for the benefit of all and shall be entered as several judgments for each in his or her proportion as aforesaid, and executions thereon shall issue in favor of each respectively: provided, further, that if action be brought by the beneficiaries, no action shall thereafter be brought by the executor or administrator. There shall be but one bill of costs in favor of the plaintiffs, which shall enure equally for the benefit of those bringing the suit, and of them only.
History of Section.
P.L. 1974, ch. 82, § 1.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-7.1 - Libel of a Deceased Person › Section 10-7.1-4. - Cause surviving death of person liable.

§ 10-7.1-4. Cause surviving death of person liable.
Any cause of action arising under §§ 10-7.1-1 — 10-7.1-4 and any action authorized by this chapter shall survive the death of any person liable for damages under this chapter, and may be originally brought against his or her executor or administrator or, if brought against the person in his or her lifetime, may in the event of his or her death be defended by his or her executor or administrator.
History of Section.
P.L. 1974, ch. 82, § 1; P.L. 1997, ch. 326, § 31.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-7.1 - Libel of a Deceased Person › Section 10-7.1-5. - Damages not to estate or asset of estate.

§ 10-7.1-5. Damages not to estate or asset of estate.
All damages recoverable under §§ 10-7.1-1 — 10-7.1-4 shall be recoverable by and awarded to those beneficiaries as specified in § 10-7.1-2 and shall not be deemed or considered damages to the estate of the decedent, nor shall they be considered in any way an asset of the estate of the decedent, nor liable to any claims against the estate of the decedent.
History of Section.
P.L. 1974, ch. 82, § 1.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-8 - Distress Warrants › Section 10-8-1. - Procedure as in attachment.

§ 10-8-1. Procedure as in attachment.
In case any officer shall distrain for taxes, or by any warrant of distress whatsoever, the goods and chattels of any person, he or she shall proceed in the same manner and be held to the same rules as directed in case of attachments in civil actions.
History of Section.
C.P.A. 1905, § 558; G.L. 1909, ch. 300, § 40; G.L. 1923, ch. 350, § 40; G.L. 1938, ch. 531, § 1; G.L. 1956, § 10-8-1.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9 - Habeas Corpus › Section 10-9-1. - General right to writ.

§ 10-9-1. General right to writ.
Every person imprisoned in any correctional institution or otherwise restrained of his or her liberty, other than persons imprisoned or restrained pursuant to a final judgment entered in a criminal proceeding, may prosecute a writ of habeas corpus, according to the provisions of this chapter, to obtain relief from the imprisonment or restraint, if it shall prove to be unlawful.
History of Section.
C.P.A. 1905, § 652; G.L. 1909, ch. 305, § 1; G.L. 1923, ch. 356, § 1; G.L. 1938, ch. 584, § 1; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 10-9-1; P.L. 1974, ch. 220, § 1.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9 - Habeas Corpus › Section 10-9-2. - Repealed.

§ 10-9-2. Repealed.
History of Section.
C.P.A. 1905, § 653; G.L. 1909, ch. 305, § 2; G.L. 1923, ch. 356, § 2; G.L. 1938, ch. 584, § 2; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 10-9-2; Repealed by P.L. 1974, ch. 220, § 2.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9 - Habeas Corpus › Section 10-9-3. - Application for writ — Contents.

§ 10-9-3. Application for writ — Contents.
Application for such a writ shall be made to the supreme or superior or family court, or to any justice of those courts, by complaint in writing, signed by the party for whose relief it is intended, or by some person in his or her behalf, setting forth:
(1)
The person by whom and the place where the party is imprisoned or restrained, naming the prisoner and the person detaining him or her if their names are known, and describing them if they are not known.
(2)
The cause or pretense of the imprisonment or restraint, according to the knowledge and belief of the person applying. If the imprisonment or restraint is by virtue of any warrant or other process a copy thereof shall be annexed or it shall be made to appear that a copy thereof has been demanded and refused, or that for some sufficient reason a demand of a copy could not be made. The facts set forth in the complaint shall be verified by the oath of the person making the application or by that of some other credible witness, which oath may be administered by the court or justice to whom the application is made, or by any justice of the peace or notary public.
History of Section.
C.P.A. 1905, § 654; G.L. 1909, ch. 305, § 3; G.L. 1923, ch. 356, § 3; G.L. 1938, ch. 584, § 3; G.L. 1956, § 10-9-3; P.L. 1988, ch. 103, § 1.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9 - Habeas Corpus › Section 10-9-4. - Issuance of writ — Forms.

§ 10-9-4. Issuance of writ — Forms.
(a)
The court or justice to whom the complaint shall be made shall, without delay, award and issue a writ of habeas corpus; if against any sheriff or deputy sheriff of this state, or against the warden of any correctional institution in this state, or against any marshal or deputy marshal of the United States, it shall be substantially in the following form:
The State of Rhode Island.
SC.
(SEAL) To .............................. Greeting:
We command you, that the body of .......... of .......... , in your custody (or, by you imprisoned or restrained of his or her liberty, as the case may be), as it is said, together with the day and cause of his or her taking and detaining by whatsoever name the said .......... shall be called or charged, you have before our supreme (or superior as the case may be) court, held at .......... immediately after the receipt of this writ, to do and receive what our court shall then and there consider concerning him or her in this behalf, and have there this writ.
Witness, the seal of the .......... court at .......... this ....... day of .......... , in the year ..... .
Or, witness my hand this ....... day of .......... in the year ..... .
Justice of the .......... court.
(b)
And if not against an officer as described in subsection (a), it shall be substantially in the following form:
The State of Rhode Island.
SC.
To the sheriffs of our several counties and their deputies,
(SEAL) Greeting:
We command you, that the body of .......... of .......... by .......... of .......... imprisoned or restrained of his or her liberty, as it is said, you take and have before our supreme (or superior, as the case may be) court, held at .......... immediately after the receipt of this writ, to do and receive whatever the court shall then consider concerning him or her in this behalf, and summon the said .......... then and there to appear before our said court to show the cause of the taking and detaining of the said .......... and have you there this writ with your doings thereon.
Witness, the seal of the .......... court at .......... this ....... day of .......... in the year ..... .
, Clerk.
Or, witness my hand this ....... day of .......... in the year ..... .
Justice of the .......... court.
History of Section.
C.P.A. 1905, § 655; G.L. 1909, ch. 305, § 4; G.L. 1923, ch. 356, § 4; G.L. 1938, ch. 584, § 4; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 10-9-4; P.L. 1974, ch. 220, § 1; P.L. 1997, ch. 326, § 169; P.L. 2021, ch. 77, § 9, effective June 23, 2021; P.L. 2021, ch. 78, § 9, effective June 23, 2021.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9 - Habeas Corpus › Section 10-9-5. - Court to which writ returnable.

§ 10-9-5. Court to which writ returnable.
Any justice issuing a writ under this chapter shall make the writ returnable to the court of which he or she is a justice.
History of Section.
C.P.A. 1905, § 656; G.L. 1909, ch. 305, § 5; G.L. 1923, ch. 356, § 5; G.L. 1938, ch. 584, § 5; G.L. 1956, § 10-9-5; P.L. 1997, ch. 326, § 169.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9 - Habeas Corpus › Section 10-9-6. - Return to Providence superior court when other courts not in session.

§ 10-9-6. Return to Providence superior court when other courts not in session.
If the writ is returnable to the supreme court and the court is not in session upon the return of the writ, it shall be returned to, and action on the writ be had by the superior court at Providence. If returnable to the superior court for either Newport, Kent, or Washington county, and the court is not in session upon its return, it shall be returned to the superior court at Providence.
History of Section.
C.P.A. 1905, § 657; G.L. 1909, ch. 305, § 6; G.L. 1923, ch. 356, § 6; G.L. 1938, ch. 584, § 6; G.L. 1956, § 10-9-6.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9 - Habeas Corpus › Section 10-9-7. - Receipt and return of writ.

§ 10-9-7. Receipt and return of writ.
Any person to whom the writ is directed shall receive it, and upon payment or tender of charges, if any be demandable for the execution of it, he or she shall make due return of the writ.
History of Section.
C.P.A. 1905, ch. 658; G.L. 1909, ch. 305, § 7; G.L. 1923, ch. 356, § 7; G.L. 1938, ch. 584, § 7; G.L. 1956, § 10-9-7.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9 - Habeas Corpus › Section 10-9-8. - Return or statement by person to whom writ directed.

§ 10-9-8. Return or statement by person to whom writ directed.
The person to whom the writ is directed shall state in his or her return on the writ:
(1)
Whether he or she has or has not the party in his or her custody or power or under restraint;
(2)
If he or she has the party in his or her custody or power or under restraint, he or she shall set forth at large the authority, and the true and whole cause of the imprisonment or restraint, with a copy of the writ, warrant, or other process, if any, upon which the party is detained; and
(3)
If he or she has had the party in his or her custody or power or under restraint and has transferred custody or restraint to another, he or she shall state particularly to whom, at what time, for what cause, and by what authority the transfer was made.
History of Section.
C.P.A. 1905, § 659; G.L. 1909, ch. 305, § 8; G.L. 1923, ch. 356, § 8; G.L. 1938, ch. 584, § 8; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 10-9-8; P.L. 1974, ch. 220, § 1.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9 - Habeas Corpus › Section 10-9-9. - Signature and oath to return or statement.

§ 10-9-9. Signature and oath to return or statement.
The return or statement shall be signed by the person making it, and it shall also be sworn to by him or her, unless he or she be a sworn public officer and shall make the return in his or her official capacity.
History of Section.
C.P.A. 1905, § 660; G.L. 1909, ch. 305, § 9; G.L. 1923, ch. 356, § 9; G.L. 1938, ch. 584, § 9; G.L. 1956, § 10-9-9.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9 - Habeas Corpus › Section 10-9-10. - Body brought with return or statement.

§ 10-9-10. Body brought with return or statement.
The person who makes the return or statement shall, at the same time, bring the body of the party, if in his or her custody or power or under his or her restraint, according to the command of the writ, unless prevented by the sickness or infirmity of the party.
History of Section.
C.P.A. 1905, § 661; G.L. 1909, ch. 305, § 10; G.L. 1923, ch. 356, § 10; G.L. 1938, ch. 584, § 10; G.L. 1956, § 10-9-10.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9 - Habeas Corpus › Section 10-9-11. - Illness of person confined.

§ 10-9-11. Illness of person confined.
Whenever, from the sickness or infirmity of the party, he or she cannot, without danger, be brought to the place appointed for the return of the writ, that fact shall be stated in the return, and if it is proved to the satisfaction of the court, the court may proceed to the institution or other place where the party is confined and there make the examination, or may adjourn the court to another time or may make such other order in the case as law and justice shall require.
History of Section.
C.P.A. 1905, § 662; G.L. 1909, ch. 305, § 11; G.L. 1923, ch. 356, § 11; G.L. 1938, ch. 584, § 11; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 10-9-11.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9 - Habeas Corpus › Section 10-9-12. - Remand, bail, or commitment pending judgment.

§ 10-9-12. Remand, bail, or commitment pending judgment.
Until judgment is given, the court may remand the party, or may bail him or her to appear from day to day, or may commit him or her to a member of the division of sheriffs, or place him or her under such other care and custody as the circumstances of the case may require.
History of Section.
C.P.A. 1905, § 671; G.L. 1909, ch. 305, § 20; G.L. 1923, ch. 356, § 20; G.L. 1938, ch. 584, § 20; G.L. 1956, § 10-9-12; P.L. 2012, ch. 324, § 24.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9 - Habeas Corpus › Section 10-9-13. - Failure of officer to deliver copy of process by which prisoner held.

§ 10-9-13. Failure of officer to deliver copy of process by which prisoner held.
Every officer who shall refuse or neglect, for six (6) hours, to deliver a true copy of the warrant or process, by which he or she detains any prisoner, to any person who shall demand such copy and tender the fees therefor, shall forfeit and pay to the prisoner the sum of one hundred dollars ($100).
History of Section.
C.P.A. 1905, § 672; G.L. 1909, ch. 305, § 21; G.L. 1923, ch. 356, § 21; G.L. 1938, ch. 584, § 21; G.L. 1956, § 10-9-13.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9 - Habeas Corpus › Section 10-9-14. - Examination of cause of restraint — Adjournment.

§ 10-9-14. Examination of cause of restraint — Adjournment.
When the writ of habeas corpus is returned, the court shall, without delay, proceed to examine the causes of the imprisonment or restraint, but the examination may be adjourned from time to time, as circumstances may require.
History of Section.
C.P.A. 1905, § 663; G.L. 1909, ch. 305, § 12; G.L. 1923, ch. 356, § 12; G.L. 1938, ch. 584, § 12; G.L. 1956, § 10-9-14.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9 - Habeas Corpus › Section 10-9-15. - Notice to party on whose process restraint based.

§ 10-9-15. Notice to party on whose process restraint based.
Whenever it appears, from the return of the writ, or otherwise, that the party is detained on any process under which any other person has an interest in continuing his or her imprisonment or restraint, the party shall not be discharged until sufficient notice shall have been given to the interested person or his or her attorney, if within the state or within thirty (30) miles of the place of examination, to appear and object to the discharge, if he or she think fit, which notice shall be given by the party imprisoned, in the manner prescribed by the court, or, in default thereof, he or she shall be remanded to the custody of the person against whom the writ of habeas corpus issued.
History of Section.
C.P.A. 1905, § 664; G.L. 1909, ch. 305, § 13; G.L. 1923, ch. 356, § 13; G.L. 1938, ch. 584, § 13; G.L. 1956, § 10-9-15; P.L. 1997, ch. 326, § 75.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9 - Habeas Corpus › Section 10-9-16. - Notice to attorney general or complainant in criminal cases.

§ 10-9-16. Notice to attorney general or complainant in criminal cases.
Whenever it appears from the return of the writ, or otherwise, that the party is imprisoned on any criminal accusation, he or she shall not be discharged until sufficient notice shall have been given to the attorney general, or to the complainant in the matter, that he or she may appear and object to the discharge, if he or she think fit, which notice shall be given by the party imprisoned, in the manner prescribed by the court, or, in default thereof, he or she shall be remanded to the custody of the person against whom the writ of habeas corpus issued.
History of Section.
C.P.A. 1905, § 665; G.L. 1909, ch. 305, § 14; G.L. 1923, ch. 356, § 14; G.L. 1938, ch. 584, § 14; G.L. 1956, § 10-9-16.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9 - Habeas Corpus › Section 10-9-17. - Denial of facts in return or statement — Hearing of evidence.

§ 10-9-17. Denial of facts in return or statement — Hearing of evidence.
The party imprisoned or restrained may deny any of the facts set forth in the return or statement and may allege any other facts that may be material in the case, and the court shall proceed in a summary way to examine the causes of imprisonment or restraint and to hear the evidence that may be produced by any person interested and authorized to appear, both in support of the imprisonment or restraint and against it, and thereupon to dispose of the party as law and justice shall require.
History of Section.
C.P.A. 1905, § 666; G.L. 1909, ch. 305, § 15; G.L. 1923, ch. 356, § 15; G.L. 1938, ch. 584, § 15; G.L. 1956, § 10-9-17.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9 - Habeas Corpus › Section 10-9-18. - Discharge on failure to show cause for restraint.

§ 10-9-18. Discharge on failure to show cause for restraint.
If no legal cause be shown for the imprisonment or restraint, the court shall discharge the party therefrom.
History of Section.
C.P.A. 1905, § 667; G.L. 1909, ch. 305, § 16; G.L. 1923, ch. 356, § 16; G.L. 1938, ch. 584, § 16; G.L. 1956, § 10-9-18.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9 - Habeas Corpus › Section 10-9-19. - Admission to bail.

§ 10-9-19. Admission to bail.
If the party is detained for any cause or offense for which he or she is bailable of right, he or she shall be admitted to bail if sufficient bail be offered, and if not, he or she shall be remanded with an order of the court expressing the sum in which he or she shall be held to bail, and the court at which he or she shall be required to appear, and any person authorized thereto may, at any time before the sitting of the court, bail the party pursuant to the order.
History of Section.
C.P.A. 1905, § 688; G.L. 1909, ch. 305, § 17; G.L. 1923, ch. 356, § 17; G.L. 1938, ch. 584, § 17; G.L. 1956, § 10-9-19.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9 - Habeas Corpus › Section 10-9-20. - Order as to bail when person held on civil mesne process.

§ 10-9-20. Order as to bail when person held on civil mesne process.
If the party is committed on mesne process in any civil action for want of bail and if it shall appear that the sum for which bail is required is excessive and unreasonable, the court shall decide what bail is reasonable and shall order that on giving reasonable bail the party shall be discharged.
History of Section.
C.P.A. 1905, § 669; G.L. 1909, ch. 305, § 18; G.L. 1923, ch. 356, § 18; G.L. 1938, ch. 584, § 18; G.L. 1956, § 10-9-20.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9 - Habeas Corpus › Section 10-9-21. - Remand to custody.

§ 10-9-21. Remand to custody.
If the party is lawfully imprisoned or restrained and is not entitled to be enlarged on giving bail, he or she shall be remanded to the person from whose custody he or she was taken or to such other person or officer as is by law authorized to detain him or her.
History of Section.
C.P.A. 1905, § 670; G.L. 1909, ch. 305, § 19; G.L. 1923, ch. 356, § 19; G.L. 1938, ch. 584, § 19; G.L. 1956, § 10-9-21.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9 - Habeas Corpus › Section 10-9-22. - Appeals and exceptions barred — Subsequent application to supreme court allowed.

§ 10-9-22. Appeals and exceptions barred — Subsequent application to supreme court allowed.
No appeal or exception shall lie to the judgment of the superior court in habeas corpus; but if the superior court shall remand the person imprisoned or restrained, the superior court’s judgment shall not bar an application to the supreme court, or a justice thereof, for another writ upon the same facts.
History of Section.
C.P.A. 1905, § 670; G.L. 1909, ch. 305, § 19; G.L. 1923, ch. 356, § 19; G.L. 1938, ch. 584, § 19; G.L. 1956, § 10-9-22.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9 - Habeas Corpus › Section 10-9-23. - Enforcement of writ by attachment as for contempt.

§ 10-9-23. Enforcement of writ by attachment as for contempt.
If any person to whom a writ of habeas corpus shall be directed shall refuse to receive the writ or shall neglect to obey and execute it according to the provisions of this chapter and no sufficient excuse shall be shown for his or her refusal or neglect, the court before which the writ is returnable shall proceed immediately, by process of attachment as for a contempt, to compel obedience to the writ and to punish the person guilty of the contempt.
History of Section.
C.P.A. 1905, § 673; G.L. 1909, ch. 305, § 22; G.L. 1923, ch. 356, § 22; G.L. 1938, ch. 584, § 22; G.L. 1956, § 10-9-23.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9 - Habeas Corpus › Section 10-9-24. - Attachment and commitment of a member of the division of sheriffs.

§ 10-9-24. Attachment and commitment of a member of the division of sheriffs.
If an attachment shall be issued against any deputy sheriff, it may be directed to the commissioner of public safety and the superintendent of the Rhode Island state police, who shall have full power to execute the attachment; and if the deputy sheriff or deputy should be committed upon such process, he or she may be committed to the adult correctional institutions.
History of Section.
C.P.A. 1905, § 674; G.L. 1909, ch. 305, § 23; G.L. 1923, ch. 356, § 23; G.L. 1938, ch. 584, § 23; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 10-9-24; P.L. 2012, ch. 324, § 24.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9 - Habeas Corpus › Section 10-9-25. - Forfeiture for failure to receive and execute writ.

§ 10-9-25. Forfeiture for failure to receive and execute writ.
Every person guilty of such a refusal or neglect to receive and execute a writ of habeas corpus shall also forfeit and pay to the party aggrieved by the refusal or neglect one thousand dollars ($1,000).
History of Section.
C.P.A. 1905, § 676; G.L. 1909, ch. 305, § 25; G.L. 1923, ch. 356, § 25; G.L. 1938, ch. 584, § 25; G.L. 1956, § 10-9-25.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9 - Habeas Corpus › Section 10-9-26. - Precept after disobedience of writ.

§ 10-9-26. Precept after disobedience of writ.
Upon the refusal or neglect of the person to whom the writ of habeas corpus is directed, the court may also issue a precept to any officer, or other person designated in the writ, commanding him or her to bring immediately before the court the person for whose benefit the writ of habeas corpus was issued, and the prisoner shall be thereupon discharged, bailed or remanded, in like manner as if he or she had been brought in upon the writ of habeas corpus.
History of Section.
C.P.A. 1905, § 675; G.L. 1909, ch. 305, § 24; G.L. 1923, ch. 356, § 24; G.L. 1938, ch. 584, § 24; G.L. 1956, § 10-9-26.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9 - Habeas Corpus › Section 10-9-27. - Transfer or concealment of prisoner with intent to avoid writ.

§ 10-9-27. Transfer or concealment of prisoner with intent to avoid writ.
Every person who shall have in custody or under his or her power any person entitled to any writ of habeas corpus, whether any writ has issued or not, and who shall, with intent to elude the service of a writ of habeas corpus or to avoid the effect of a writ of habeas corpus, transfer the prisoner to the custody, or place him or her under the power or control, of any other person, or conceal him or her, or change the place of his or her confinement, shall forfeit and pay to the party aggrieved thereby one thousand dollars ($1,000).
History of Section.
C.P.A. 1905, § 677; G.L. 1909, ch. 305, § 26; G.L. 1923, ch. 356, § 26; G.L. 1938, ch. 584, § 26; G.L. 1956, § 10-9-27.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9 - Habeas Corpus › Section 10-9-28. - Common law remedies not barred by penalties.

§ 10-9-28. Common law remedies not barred by penalties.
The recovery of any penalty imposed by this chapter shall not bar any action at the common law for false imprisonment, or for false return to the writ of habeas corpus, or for any other injury or damage sustained by the aggrieved party.
History of Section.
C.P.A. 1905, ch. 678; G.L. 1909, ch. 305, § 27; G.L. 1923, ch. 356, § 27; G.L. 1938, ch. 584, § 27; G.L. 1956, § 10-9-28.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9 - Habeas Corpus › Section 10-9-29. - Rearrest of discharged person.

§ 10-9-29. Rearrest of discharged person.
No person who has been discharged upon a writ of habeas corpus shall be again imprisoned or restrained for the same cause, unless he or she is indicted or charged by information therefor or convicted thereof, or committed for want of bail, by some court of record having jurisdiction of the cause, or unless, after a discharge for defect of proof or for some material in the commitment in a criminal case, he or she shall be again arrested on sufficient proof, and committed by legal process, for the same offense.
History of Section.
C.P.A. 1905, § 679; G.L. 1909, ch. 305, § 28; G.L. 1923, ch. 356, § 28; G.L. 1938, ch. 584, § 28; G.L. 1956, § 10-9-29; P.L. 1974, ch. 118, § 2.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9 - Habeas Corpus › Section 10-9-30. - Judicial powers not restrained.

§ 10-9-30. Judicial powers not restrained.
Nothing contained in this chapter shall be so construed as to restrain the power of the supreme or superior court, or any one of the justices thereof, to issue a writ of habeas corpus at their discretion, and thereupon to bail any person for whatsoever cause he or she may be committed or restrained, or to discharge him or her, as law and justice shall require.
History of Section.
C.P.A. 1905, § 680; G.L. 1909, ch. 305, § 29; G.L. 1923, ch. 356, § 29; G.L. 1938, ch. 584, § 29; G.L. 1956, § 10-9-30.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9 - Habeas Corpus › Section 10-9-31. - Power of justices to admit to bail.

§ 10-9-31. Power of justices to admit to bail.
Whenever any person is committed to a correctional institution on any criminal accusation for want of bail, any justice of the supreme or superior court, or any person specially appointed by either of the courts, may admit him or her to bail in like manner as might have been done by the court or magistrate who committed him or her, and the supreme or superior court justices respectively shall have power to issue a writ of habeas corpus and to cause the prisoner to be brought before them, whenever it shall be necessary for the purpose expressed in this section.
History of Section.
C.P.A. 1905, § 681; G.L. 1909, ch. 305, § 30; G.L. 1923, ch. 356, § 30; G.L. 1938, ch. 584, § 30; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 10-9-31.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9 - Habeas Corpus › Section 10-9-32. - Judicial power to bring in criminal defendants and witnesses.

§ 10-9-32. Judicial power to bring in criminal defendants and witnesses.
Nothing contained in this chapter shall be so construed as to restrain the power of any court to issue a writ of habeas corpus, whenever necessary to bring before them any prisoner for trial, in any criminal case lawfully pending in the same court, or to bring in any prisoner to be examined as a witness in any suit or proceeding, civil or criminal, pending in the court, whenever they shall think the personal attendance and examination of the witness necessary for the attainment of justice.
History of Section.
C.P.A. 1905, § 682; G.L. 1909, ch. 305, § 31; G.L. 1923, ch. 356, § 31; G.L. 1938, ch. 584, § 31; G.L. 1956, § 10-9-32.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9.1 - Post Conviction Remedy › Section 10-9.1-1. - Remedy — To whom available — Conditions.

§ 10-9.1-1. Remedy — To whom available — Conditions.
(a)
Any person who has been convicted of, or sentenced for, a crime, a violation of law, or a violation of probationary or deferred sentence status and who claims:
(1)
That the conviction or the sentence was in violation of the constitution of the United States or the constitution or laws of this state;
(2)
That the court was without jurisdiction to impose sentence;
(3)
That the sentence exceeds the maximum authorized by law, or is otherwise not in accordance with the sentence authorized by law;
(4)
That there exists evidence of material facts, not previously presented and heard, that requires vacation of the conviction or sentence in the interest of justice;
(5)
That his or her sentence has expired, his or her probation, parole, or conditional release unlawfully revoked, or he or she is otherwise unlawfully held in custody or other restraint; or
(6)
That the conviction or sentence is otherwise subject to collateral attack upon any ground of alleged error heretofore available under any common law, statutory or other writ, motion, petition, proceeding, or remedy;
may institute, without paying a filing fee, a proceeding under this chapter to secure relief.
(b)
This remedy is not a substitute for nor does it affect any remedy incident to the proceedings in the trial court, or of direct review of the sentence or conviction. Except as otherwise provided in this chapter, it comprehends and takes the place of all other common law, statutory, or other remedies heretofore available for challenging the validity of the conviction or sentence. It shall be used exclusively in place of them.
History of Section.
P.L. 1974, ch. 220, § 3.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9.1 - Post Conviction Remedy › Section 10-9.1-2. - Court in which brought — Appeal of district court denial.

§ 10-9.1-2. Court in which brought — Appeal of district court denial.
(a)
An action to secure post conviction relief under this chapter shall be brought in the court in which the judgment of conviction was entered.
(b)
If an action for post conviction relief is brought in the district court where the judgment of conviction was entered and the relief is denied, the denial may be appealed to the superior court within twenty (20) days of the finding.
History of Section.
P.L. 1974, ch. 220, § 3; P.L. 1981, ch. 203, § 1.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9.1 - Post Conviction Remedy › Section 10-9.1-3. - Commencement of proceedings — Verification — Filing — Service.

§ 10-9.1-3. Commencement of proceedings — Verification — Filing — Service.
A proceeding is commenced by filing an application verified by the applicant with the clerk of the appropriate court. An application may be filed at any time. Facts within the personal knowledge of the applicant and the authenticity of all documents and exhibits included in or attached to the application must be sworn to affirmatively as true and correct. The clerk shall docket the application upon its receipt and promptly bring it to the attention of the court and deliver a copy to the attorney general. A filing fee shall not be required for a proceeding under this chapter.
History of Section.
P.L. 1974, ch. 220, § 3.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9.1 - Post Conviction Remedy › Section 10-9.1-4. - Application — Contents.

§ 10-9.1-4. Application — Contents.
The application shall identify the proceedings in which the applicant was convicted, give the date of the entry of the judgment and sentence complained of, specifically set forth the grounds upon which the application is based, and clearly state the relief desired. Facts within the personal knowledge of the applicant shall be set forth separately from other allegations of facts and shall be verified as provided in § 10-9.1-3. Affidavits, records, or other evidence supporting its allegations shall be attached to the application or the application shall recite why they are not attached. The application shall identify all previous proceedings, together with the grounds therein asserted, taken by the applicant to secure relief from his or her conviction or sentence. Argument, citations, and discussion of authorities are unnecessary.
History of Section.
P.L. 1974, ch. 220, § 3.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9.1 - Post Conviction Remedy › Section 10-9.1-5. - Representation for indigent applicants.

§ 10-9.1-5. Representation for indigent applicants.
An applicant who is indigent shall be entitled to be represented by the public defender. If the public defender is excused from representing the applicant because of a conflict of interest or is otherwise unable to provide representation, the court shall assign counsel to represent the applicant. An indigent applicant is entitled, to the extent deemed appropriate by the court, to be provided with stenographic, printing, and other costs necessary to proceed under this chapter.
History of Section.
P.L. 1974, ch. 220, § 3.