reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9.1 - Post Conviction Remedy › Section 10-9.1-6. - Pleadings and judgment on pleadings.

§ 10-9.1-6. Pleadings and judgment on pleadings.
(a)
Within twenty (20) days after receiving notice of the docketing of the application, or within any further time the court may fix, the attorney general shall respond by answer or by motion which may be supported by affidavits. At any time prior to entry of judgment the court may grant leave to withdraw the application. The court may make appropriate orders for amendment of the application or any pleading or motion, for pleading over, for filing further pleadings or motions, or for extending the time of the filing of any pleading. In considering the application the court shall take account of substance regardless of defects of form. If the application is not accompanied by the record of the proceedings challenged therein, the attorney general shall file with his or her answer the record or portions thereof that are material to the questions raised in the application.
(b)
When a court is satisfied, on the basis of the application, the answer or motion, and the record, that the applicant is not entitled to post conviction relief and no purpose would be served by any further proceedings, it may indicate to the parties its intention to dismiss the application and its reasons for so doing. The applicant shall be given an opportunity to reply to the proposed dismissal. In light of the reply, or on default thereof, the court may order the application dismissed or grant leave to file an amended application or direct that the proceedings otherwise continue. Disposition on the pleadings and record is not proper if there exists a genuine issue of material fact.
(c)
The court may grant a motion by either party for summary disposition of the application when it appears from the pleadings, depositions, answers to interrogatories, and admissions and agreements of fact, together with any affidavits submitted, that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.
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 10-9.1-7. - Procedure — Evidence — Order.

§ 10-9.1-7. Procedure — Evidence — Order.
A record of the proceedings shall be made and preserved. All rules and statutes applicable in civil proceedings shall apply except that pretrial discovery proceedings shall be available only upon order of the court. The court may receive proof by affidavits, depositions, oral testimony, or other evidence and may, if deemed appropriate, order the applicant be brought before it for the hearing. If the court finds in favor of the applicant, it shall enter an appropriate order with respect to the conviction or sentence in the former proceedings, and any supplementary orders as to rearraignment, retrial, custody, bail, discharge, correction of sentence, or other matters that may be necessary and proper. The court shall make specific findings of fact, and state expressly its conclusions of law, relating to each issue presented. This order is a final judgment.
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 10-9.1-8. - Waiver of or failure to assert claims.

§ 10-9.1-8. Waiver of or failure to assert claims.
All grounds for relief available to an applicant at the time he or she commences a proceeding under this chapter must be raised in his or her original, or a supplemental or amended, application. Any ground finally adjudicated or not so raised, or knowingly, voluntarily and intelligently waived in the proceeding that resulted in the conviction or sentence or in any other proceeding the applicant has taken to secure relief, may not be the basis for a subsequent application, unless the court finds that in the interest of justice the applicant should be permitted to assert such a ground for relief.
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 10-9.1-9. - Review.

§ 10-9.1-9. Review.
An aggrieved party seeking review of a final judgment entered in a proceeding brought under this chapter shall do so by filing a petition for writ of certiorari in accordance with the supreme court rules of appellate procedure within sixty (60) days of the entry of the final judgment.
History of Section.
P.L. 1974, ch. 220, § 3; P.L. 2015, ch. 91, § 1; P.L. 2015, ch. 92, § 1; P.L. 2017, ch. 72, § 1; P.L. 2017, ch. 101, § 1.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9.1 - Post Conviction Remedy › Section 10-9.1-10. - Innocence protection — Definitions.

§ 10-9.1-10. Innocence protection — Definitions.
(a)
“DNA Testing” means forensic deoxyribonucleic acid testing.
(b)
“Agent” means a firm, person or corporation to whom the Rhode Island state police or local municipal police department entrusts or delivers evidence to undergo DNA testing.
History of Section.
P.L. 2002, ch. 386, § 1.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9.1 - Post Conviction Remedy › Section 10-9.1-11. - Innocence protection — Mandatory preservation of biological evidence.

§ 10-9.1-11. Innocence protection — Mandatory preservation of biological evidence.
(a) Mandatory preservation.
During the term of the defendant’s incarceration resulting from his or her conviction after trial, the Rhode Island state police and each and every municipal police department in the state of Rhode Island, their agents, and any person to whom biological evidence has been transferred shall be obligated to preserve all biological evidence that comes into its possession during the course of a criminal investigation.
(b) Petition to destroy evidence.
A police department or agent may be relieved of the obligation of mandatory preservation by applying to a justice of the superior court for permission to destroy biological evidence. Upon receipt of the petition, a justice of the superior court shall hold a hearing, and after giving notice to all defendants charged in connection with the prosecution, the justice shall grant the petition upon finding that:
(1)
The Rhode Island Supreme Court has decided the defendant’s appeal; and
(2)
The defendant does not seek further preservation of the biological evidence.
(c) Petition by defendant requesting testing.
Notwithstanding any other provision of law governing postconviction relief, any person who was convicted of and sentenced for a crime may, at any time, file a petition with the superior court requesting the forensic DNA testing of any evidence that is in the possession or control of the prosecution, law enforcement, laboratory, or court. A person filing a petition under this section must certify under the pains and penalties of perjury that the requested testing is related to the investigation or prosecution that resulted in the judgment of conviction and that the evidence sought to be tested contains biological evidence.
History of Section.
P.L. 2002, ch. 386, § 1; P.L. 2015, ch. 119, § 1; P.L. 2015, ch. 153, § 1.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-9.1 - Post Conviction Remedy › Section 10-9.1-12. - Innocence protection — DNA testing of evidence.

§ 10-9.1-12. Innocence protection — DNA testing of evidence.
(a) Mandatory testing.
After notice to the prosecution and a hearing, a justice of the superior court shall order testing after finding that:
(1)
A reasonable probability exists that petitioner would not have been prosecuted or convicted if exculpatory results had been obtained through DNA testing.
(2)
The evidence is still in existence and is capable of being subjected to DNA testing.
(3)
The evidence, or a specific portion of the evidence identified by the petitioner, was never previously subjected to DNA testing; or that the testing requested by the petitioner may resolve an issue that was never previously resolved by previous testing.
(4)
The petition before the Superior Court was filed in order to demonstrate the petitioner’s innocence and not to delay the administration of justice.
(b) Discretionary testing.
After notice to the prosecution and a hearing, a justice of the superior court may order testing after finding that:
(1)
A reasonable probability exists that the requested testing will produce DNA results which would have altered the verdict or reduced the petitioner’s sentence if the results had been available at the prior proceedings leading to the judgment of conviction.
(2)
The evidence is still in existence and is capable of being subjected to DNA testing.
(3)
The evidence, or a specific portion of the evidence identified by the petitioner was never previously subjected to DNA testing; or that the testing requested by the petitioner may resolve an issue that was never previously resolved by previous testing.
(4)
The petition before the superior court was filed in order to demonstrate the petitioner’s innocence and not to delay the administration of justice.
(c) Costs.
Unless the justice hearing the motion finds that the defendant has the present ability to pay the costs associated with DNA testing, the justice shall order that the state of Rhode Island pay for the costs of the DNA testing ordered under this chapter. Unless good cause is shown, all testing ordered under this section shall be conducted by the Rhode Island department of health.
History of Section.
P.L. 2002, ch. 386, § 1.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-10 - Imprisonment on Civil Process › Section 10-10-1. - Grounds for writ commanding arrest.

§ 10-10-1. Grounds for writ commanding arrest.
At the commencement of a civil action, a writ, commanding the arrest of any person not exempt by law from arrest, shall be issued from the superior court or from any district court only after application to a justice thereof, who may, in his or her discretion, order the issuance of the writ and who shall endorse such order in writing on the face of the writ:
(1)
In any action on penal statutes, or in any action sounding in tort, except replevin, or against bail in criminal cases.
(2)
Whenever the plaintiff in the action, his or her agent or attorney, shall make affidavit, to be endorsed on the writ or annexed to the writ, that the plaintiff has a just claim against the defendant, that is due, upon which the plaintiff expects to recover in the action a sum sufficient to give jurisdiction to the court to which the writ is returnable; and also either that the defendant to be arrested is about to leave the state, without leaving therein real or personal estate whereon an execution that may be obtained in such action can be served, and, in case the defendant is not a resident of the state, that the plaintiff, or if more than one plaintiff, that some of the plaintiffs are actual residents of the state, or that the defendant to be arrested has committed fraud in fact involving moral turpitude or intentional wrong, either in contracting the debt upon which the action is founded or in the concealment of his or her property or in the disposition of the property; provided, that whenever an arrest shall be made in accordance with the second clause of this section, the court to which the writ is made returnable, or any justice thereof, may by order, upon application of any defendant so arrested, and for cause shown upon hearing the parties therein, release the defendant from the arrest and discharge the bail taken thereon, if any; but the action shall not be dismissed on account of the release and discharge, but may be prosecuted to final judgment in the same manner as if no release and discharge had been granted.
History of Section.
C.P.A. 1905, § 507; G.L. 1909, ch. 299, § 11; G.L. 1923, ch. 349, § 11; G.L. 1038, ch. 559, § 1; G.L. 1956, § 10-10-1; P.L. 1961, ch. 167, § 1; P.L. 1965, ch. 55, § 53.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-10 - Imprisonment on Civil Process › Section 10-10-2. - Form of writ from superior court.

§ 10-10-2. Form of writ from superior court.
An original writ of arrest issued from the superior court shall be substantially in the following form:
THE STATE OF RHODE ISLAND.
SC.
To the sheriffs of our several counties, or to their deputies,
(SEAL) Greeting:
We command you to arrest the body of .......... of .......... , if to be found in your precinct, and .......... in safe custody keep, to answer the complaint of .......... of  .......... on the return day hereof (said return day being the .......... day of .......... A.D. 20..... ) in the SUPERIOR COURT to be holden at the county courthouse at .......... , in an action of .......... as by declaration to be filed in court will be fully set forth, to the damage of the plaintiff, as he or she says, .......... dollars.
Hereof fail not, and make true return of this writ with your doings thereon.
Witness, the seal of our superior court, at .......... this  .......... day of  .......... in the year .......... .
, Clerk.
History of Section.
C.P.A. 1905, § 508; G.L. 1909, ch. 299, § 12; G.L. 1923, ch. 349, § 12; G.L. 1938, ch. 559, § 2; G.L. 1956, § 10-10-2; P.L. 2021, ch. 77, § 10, effective June 23, 2021; P.L. 2021, ch. 78, § 10, effective June 23, 2021.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-10 - Imprisonment on Civil Process › Section 10-10-3. - Form of writ from district court.

§ 10-10-3. Form of writ from district court.
An original writ of arrest issued from a district court shall be substantially in the following form:
THE STATE OF RHODE ISLAND.
SC.
To the sheriff of the county of .......... , his or her deputies, or to either of the town sergeants or constables in said county,
(SEAL) Greeting:
We command you to arrest the body of ......... of ................. , if to be found in your precinct, and ......... in safe custody keep, to answer the complaint of ......... of ................. , (The remainder as in a writ of summons.)
History of Section.
C.P.A. 1905, § 509; G.L. 1909, ch. 299, § 13; G.L. 1923, ch. 349, § 13; G.L. 1938, ch. 559, § 3; G.L. 1956, § 10-10-3; P.L. 2021, ch. 77, § 10, effective June 23, 2021; P.L. 2021, ch. 78, § 10, effective June 23, 2021.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-10 - Imprisonment on Civil Process › Section 10-10-4. - Exemption of females from arrest on contract.

§ 10-10-4. Exemption of females from arrest on contract.
No female shall be arrested on original writ in any action founded on contract.
History of Section.
C.P.A. 1905, § 597; G.L. 1909, ch. 302, § 1; G.L. 1923, ch. 352, § 1; G.L. 1938, ch. 560, § 1; G.L. 1956, § 10-10-4.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-10 - Imprisonment on Civil Process › Section 10-10-5. - Exemption of voters at time of elections.

§ 10-10-5. Exemption of voters at time of elections.
No person entitled to vote shall be liable to arrest upon any civil process on the days of election of city or town officers, of state officers, representatives in congress, or of electors of president and vice-president of the United States, or on the day preceding or on the day following the election.
History of Section.
C.P.A. 1905, § 598; G.L. 1909, ch. 302, § 2; G.L. 1923, ch. 352, § 2; G.L. 1938, ch. 560, § 2; G.L. 1956, § 10-10-5.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-10 - Imprisonment on Civil Process › Section 10-10-6. - Exemption of persons on military duty.

§ 10-10-6. Exemption of persons on military duty.
No officer, noncommissioned officer, or private shall be arrested on civil process while going to, or coming from, or remaining at any place which he or she shall have been ordered to attend for the election of any military officer or the performance of any military duty.
History of Section.
C.P.A. 1905, § 599; G.L. 1909, ch. 302, § 3; G.L. 1923, ch. 352, § 3; G.L. 1938, ch. 560, § 3; G.L. 1956, § 10-10-6.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-10 - Imprisonment on Civil Process › Section 10-10-7. - Custody of person arrested.

§ 10-10-7. Custody of person arrested.
Every officer who shall arrest any person by virtue of any writ of arrest, in a civil action, shall keep the person in safe custody until he or she is discharged pursuant to law.
History of Section.
C.P.A. 1905, § 527; G.L. 1909, ch. 300, § 5; G.L. 1923, ch. 350, § 5; G.L. 1938, ch. 561, § 1; G.L. 1956, § 10-10-7.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-10 - Imprisonment on Civil Process › Section 10-10-8. - Notation of cause of action on execution and commitment.

§ 10-10-8. Notation of cause of action on execution and commitment.
Every clerk of any court, issuing an execution against any person, shall note on the margin of the execution the cause of action on which the execution issued, to the end that the warden of the adult correctional institutions may ascertain whether the person, if committed, is entitled to the liberty of the jail yard, and every officer committing any person to correctional institutions on such execution shall note in his or her commitment the cause of action on which the execution is founded, according to the note or memorandum of the clerk.
History of Section.
G.L. 1896, ch. 259, § 13; G.L. 1909, ch. 325, § 13; G.L. 1923, ch. 376, § 13; G.L. 1938, ch. 562, § 13; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 10-10-8; P.L. 1969, ch. 239, § 21.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-10 - Imprisonment on Civil Process › Section 10-10-9. - Privileges allowed person committed in absence of memorandum.

§ 10-10-9. Privileges allowed person committed in absence of memorandum.
If no memorandum as described in § 10-10-8 is made by the clerk on any execution, or if the officer shall not note the cause of action as provided in § 10-10-8 in his or her commitment, the warden of the adult correctional institutions shall be held harmless if he or she permits the person committed to have the liberty of the jail yard, or discharge him or her, on his or her producing a certificate of having taken the oath prescribed by law for poor debtors.
History of Section.
G.L. 1896, ch. 259, § 14; G.L. 1909, ch. 325, § 14; G.L. 1923, ch. 376, § 14; G.L. 1938, ch. 562, § 14; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 10-10-9; P.L. 1969, ch. 239, § 21; P.L. 1997, ch. 326, § 32.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-10 - Imprisonment on Civil Process › Section 10-10-10. - Validity of assignments made by prisoner.

§ 10-10-10. Validity of assignments made by prisoner.
All assignments, transfers, and conveyances of property made by a debtor during his or her imprisonment, for the payment or security of any debt, except that of the committing creditor, shall be utterly void, unless made for the benefit of all his or her creditors in proportion to their respective demands.
History of Section.
G.L. 1896, ch. 259, § 15; G.L. 1909, ch. 325, § 15; G.L. 1923, ch. 376, § 15; G.L. 1938, ch. 562, § 15; G.L. 1956, § 10-10-10.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-10 - Imprisonment on Civil Process › Section 10-10-11. - Bonds and obligations not provided for void.

§ 10-10-11. Bonds and obligations not provided for void.
If any deputy sheriff, town sergeant, constable or the warden of the adult correctional institutions shall take or receive from any prisoner in his or her custody any bond, obligation, covenant, promise, or assurance whatsoever, to indemnify and save harmless the person taking the bond, obligation, covenant, promise, or assurance for the enlargement or ease of the prisoner, in any other form or manner than is prescribed by law for taking bail on mesne process in a civil action, or is prescribed in this chapter or chapter 12 of this title, every such bond, obligation, covenant, promise or assurance whatsoever, shall be utterly void.
History of Section.
G.L. 1896, ch. 259, § 16; G.L. 1909, ch. 325, § 16; G.L. 1923, ch. 376, § 16; G.L. 1938, ch. 562, § 16; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 10-10-11; P.L. 2012, ch. 324, § 25.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-10 - Imprisonment on Civil Process › Section 10-10-12. - Payment of prisoner’s board.

§ 10-10-12. Payment of prisoner’s board.
Whenever any person shall be imprisoned in or committed to the adult correctional institution upon original writ, mesne process, execution, or surrender or commitment by bail, in any action whatsoever, the party at whose suit the person is imprisoned, or committed for the benefit of or at the request of the United States of America shall pay to the warden of the institution in which he or she is imprisoned or committed the sum of two hundred ten dollars ($210), per week in advance for the board of the prisoner or person, reckoning the board from the time of the commitment; which payment in advance shall continue to be made by the creditor or the United States of America during the time the person shall be detained at his or her suit; provided, however, that in all cases in which any person shall be imprisoned under an original writ, mesne process, execution against the body or because of surrender or commitment by bail, in any suit in favor of the state and in all cases where the person is held in civil or criminal contempt by any court of the state, or any commitment under § 15-5-16, no board need be demanded by or paid to the warden. Provided, further, however, that in all applicable cases of commitment, the party so committing shall pay the board in advance until one week after notice in writing of the commitment shall have been duly served upon the party, or his or her attorney of record, by any member of the division of sheriffs, or other duly qualified officer and lodged with the warden of the institution where the person is committed.
History of Section.
G.L. 1896, ch. 259, § 1; C.P.A. 1905, § 1152; G.L. 1909, ch. 325, § 1; G.L. 1923, ch. 376, § 1; G.L. 1938, ch. 562, § 1; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 10-10-12; P.L. 1975, ch. 40, § 1; P.L. 1997, ch. 326, § 32; P.L. 2012, ch. 324, § 25.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-10 - Imprisonment on Civil Process › Section 10-10-13. - Discharge of prisoner on default in board payments.

§ 10-10-13. Discharge of prisoner on default in board payments.
In case of default made in payment of the prisoner’s board, as required in § 10-10-12, the warden shall discharge such prisoner from the institution, stating in his or her formal discharge on the records of the institution the reason for the discharge.
History of Section.
G.L. 1896, ch. 259, § 2; G.L. 1909, ch. 325, § 2; G.L. 1923, ch. 376, § 2; G.L. 1938, ch. 562, § 2; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 10-10-13.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-10 - Imprisonment on Civil Process › Section 10-10-14. - Board payments as costs.

§ 10-10-14. Board payments as costs.
The amount thus paid by the creditor, for the board of the prisoner so imprisoned at his or her suit, shall be added to and form a part of the costs of commitment and detention; and as such costs, shall be paid by the prisoner in the then existing or any future proceedings which may be lawfully instituted against him or her for the recovery of the debt and costs of the suit against him or her.
History of Section.
G.L. 1896, ch. 259, § 3; G.L. 1909, ch. 325, § 3; G.L. 1923, ch. 376, § 3; G.L. 1938, ch. 562, § 3; G.L. 1956, § 10-10-14.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-11 - Bail of Persons Imprisoned on Civil Process › Section 10-11-1. - Bail taken by arresting officer.

§ 10-11-1. Bail taken by arresting officer.
Every officer who shall so arrest any person pursuant to chapter 10 of this title, shall let the person arrested to bail, upon his or her giving sufficient surety for his or her appearance at the court to which such writ or process shall be returnable and to abide the final judgment which shall be rendered thereon.
History of Section.
C.P.A. 1905, § 528; G.L. 1909, ch. 300, § 6; G.L. 1923, ch. 350, § 6; G.L. 1938, ch. 561, § 2; G.L. 1956, § 10-11-1.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-11 - Bail of Persons Imprisoned on Civil Process › Section 10-11-2. - Giving of bail bond.

§ 10-11-2. Giving of bail bond.
Whoever shall become bail for any person may give bond to a member of the division of sheriffs, if the writ or process shall be served by the division of sheriffs; and if the writ or process shall be served by a town sergeant or constable, the bail bond in such case shall be given to the officer serving the writ or process.
History of Section.
C.P.A. 1905, § 529; G.L. 1909, ch. 300, § 7; G.L. 1923, ch. 350, § 7; G.L. 1938, ch. 561, § 3; G.L. 1956, § 10-11-2; P.L. 2012, ch. 324, § 26.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-11 - Bail of Persons Imprisoned on Civil Process › Section 10-11-3. - Bail by indorsement of process.

§ 10-11-3. Bail by indorsement of process.
Instead of giving bond as provided in § 10-11-2, the person becoming bail may indorse his or her Christian name and surname on the back of the writ or process, which shall hold him or her as bail to the same extent as if he or she had executed and delivered a formal bail bond.
History of Section.
C.P.A. 1905, § 530; G.L. 1909, ch. 300, § 8; G.L. 1923, ch. 350, § 8; G.L. 1938, ch. 561, § 4; G.L. 1956, § 10-11-3; P.L. 1997, ch. 326, § 74.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-11 - Bail of Persons Imprisoned on Civil Process › Section 10-11-4. - Bail at any time before judgment — Counties other than Providence.

§ 10-11-4. Bail at any time before judgment — Counties other than Providence.
Every person committed to a correctional institution in any county, except the county of Providence, by virtue of an arrest on any writ or process in any civil action, or by surrender of former bail in the same action, shall be let to bail or to new bail, as the case may be, in manner before provided, at any time before the rendering of final judgment on the original writ on which the arrest was made.
History of Section.
C.P.A. 1905, § 531; G.L. 1909, ch. 300, § 9; G.L. 1923, ch. 350, § 9; G.L. 1938, ch. 561, § 5; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 10-11-4.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-11 - Bail of Persons Imprisoned on Civil Process › Section 10-11-5. - Bail in Providence county at any time before judgment.

§ 10-11-5. Bail in Providence county at any time before judgment.
Every person committed to a correctional institution in the county of Providence, on any writ or process in any civil action or by surrender of former bail in the same action, may be let to bail, or to new bail as the case may be, by the warden of the institution or by the officer who served the writ or process, at any time before final judgment shall be rendered on the writ on which the arrest was made, upon his or her giving sufficient surety for his or her appearance at the court to which such writ is returnable, and to abide the final judgment which shall be rendered thereon.
History of Section.
C.P.A. 1905, § 532; G.L. 1909, ch. 300, § 10; G.L. 1923, ch. 350, § 10; G.L. 1938, ch. 561, § 6; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 10-11-5.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-11 - Bail of Persons Imprisoned on Civil Process › Section 10-11-6. - Bond or indorsement in Providence county.

§ 10-11-6. Bond or indorsement in Providence county.
In case bail be taken by the warden, the person becoming bail shall give bond to the warden in a penal sum equal to the damages stated in the writ; but if bail be taken by the officer who served the writ, the person becoming bail may give such bond to the officer, or may indorse his or her Christian name and surname on the back of the writ or process, which shall hold him or her as bail as in other cases.
History of Section.
C.P.A. 1905, § 533; G.L. 1909, ch. 3009, § 11; G.L. 1923, ch. 350, § 11; G.L. 1938, ch. 561, § 7; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 10-11-6.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-11 - Bail of Persons Imprisoned on Civil Process › Section 10-11-7. - Discharge of bail by surrender of principal pending action.

§ 10-11-7. Discharge of bail by surrender of principal pending action.
Any person who shall become bail in any civil action, either by giving bail bond to the officer serving the writ therein or by indorsing the writ, or by giving bond to the warden of the adult correctional institutions, may, during the pendency of the action, discharge himself or herself as bail by bringing his or her principal into the court in which the action shall be pending and there delivering him or her into the custody of the court.
History of Section.
G.L. 1896, ch. 258, § 1; G.L. 1909, ch. 324, § 1; G.L. 1923, ch. 375, § 1; G.L. 1938, ch. 565, § 1; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 10-11-7.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-11 - Bail of Persons Imprisoned on Civil Process › Section 10-11-8. - Discharge of bail before judgment.

§ 10-11-8. Discharge of bail before judgment.
A person may also, at any time before final judgment against him or her as bail, discharge himself or herself as bail in either of the two following modes:
(1)
By committing his or her principal to a correctional institution in the county in which he or she became bail or in which the writ of arrest was returnable, paying or tendering to the creditor or his or her attorney the costs, if any, which shall have accrued on the action against him or her as bail, and leaving with the warden of the institution a certified copy of the writ of arrest and the return of the officer thereon, and a certified copy of the bond given to the officer serving the writ or given to the warden of the adult correctional institutions, if either of the bonds have been given, and giving to the plaintiff, if in this state, or his or her agent or his or her attorney of record, notice in writing of the time and place of the commitment within six (6) days after making the commitment; or,
(2)
By bringing his or her principal into the court where the action against him or her as bail shall be pending, before final judgment shall be rendered thereon, after notice to the plaintiff or his or her attorney of record, paying the costs on the action against him or her as bail, the costs of the commitment of the principal and one week’s board at the institution and delivering his or her principal into the custody of court.
History of Section.
G.L. 1896, ch. 258, § 2; C.P.A. 1905, § 1149; G.L. 1909, ch. 324, § 2; G.L. 1923, ch. 375, § 2; G.L. 1938, ch. 565, § 2; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 10-11-8; P.L. 1965, ch. 55, § 54.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-11 - Bail of Persons Imprisoned on Civil Process › Section 10-11-9. - Commitment of principal surrendered before judgment.

§ 10-11-9. Commitment of principal surrendered before judgment.
If the principal shall be so surrendered by his or her bail to the court in which the original action is pending, he or she shall be by such court committed to a correctional institution, and there remain to be taken in execution or to be discharged in the same manner as though committed for want of bail in the first instance, and he or she shall remain in the institution in like manner if committed by his or her bail before final judgment be rendered in the action.
History of Section.
G.L. 1896, ch. 258, § 3; C.P.A. 1905, § 1150; G.L. 1909, ch. 324, § 3; G.L. 1923, ch. 375, § 3; G.L. 1938, ch. 565, § 3; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 10-11-9.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-11 - Bail of Persons Imprisoned on Civil Process › Section 10-11-10. - Commitment of principal after judgment.

§ 10-11-10. Commitment of principal after judgment.
If the principal shall be committed by the bail to a correctional institution after the final judgment, or if, being surrendered by his or her bail to the court before which the action is pending against bail, he or she shall be committed by the court to a correctional institution, he or she shall there remain for the space of thirty (30) days, unless sooner discharged by order of law.
History of Section.
G.L. 1896, ch. 258, § 4; G.L. 1909, ch. 324, § 4; G.L. 1923, ch. 375, § 4; G.L. 1938, ch. 565, § 4; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 10-11-10; P.L. 1965, ch. 55, § 54.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-11 - Bail of Persons Imprisoned on Civil Process › Section 10-11-11. - Discharge of principal on failure to take execution.

§ 10-11-11. Discharge of principal on failure to take execution.
If the principal be not taken in execution within thirty (30) days after final judgment against him or her when committed for want of bail, or when committed by his or her bail or by the court to which his or her bail shall have surrendered him or her before such final judgment, or within thirty (30) days after he or she shall have been committed by his or her bail or by the court to which his or her bail shall have surrendered him or her, pending action against his or her bail, such principal shall be discharged from the correctional institution upon payment of prison fees. In computing the periods of time provided in this section, time during which execution is stayed shall not be included.
History of Section.
G.L. 1896, ch. 258, § 5; G.L. 1909, ch. 324, § 5; G.L. 1923, ch. 375, § 5; G.L. 1938, ch. 565, § 5; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 10-11-11; P.L. 1965, ch. 55, § 54.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-11 - Bail of Persons Imprisoned on Civil Process › Section 10-11-12. - Death of principal discharging bail.

§ 10-11-12. Death of principal discharging bail.
The death of the principal before the return day of the execution against him or her shall discharge the bail.
History of Section.
G.L. 1896, ch 258, § 6; G.L. 1909, ch. 324, § 6; G.L. 1923, ch. 375, § 6; G.L. 1938, ch. 565, § 6; G.L. 1956, § 10-11-12.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-11 - Bail of Persons Imprisoned on Civil Process › Section 10-11-13. - Judgment against bail.

§ 10-11-13. Judgment against bail.
Whenever the principal shall avoid, so that his or her goods and chattels, real estate or other property subject to levy on execution, cannot be found to satisfy the execution, nor his or her body be found to be taken thereby, the plaintiff in the writ of arrest may bring a civil action against the bail in the same court wherein final judgment was rendered against the principal, and, in case no legal cause be shown to the contrary, judgment shall be given against the bail for the debt or damages and costs recovered against the principal, with interest and costs, and execution shall be awarded accordingly.
History of Section.
G.L. 1896, ch. 258, § 7; G.L. 1909, ch. 324, § 7; G.L. 1923, ch. 375, § 7; G.L. 1938, ch. 565, § 7; G.L. 1956, § 10-13-13; P.L. 1965, ch. 55, § 54.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-11 - Bail of Persons Imprisoned on Civil Process › Section 10-11-14. - Action against bail in superior court based on district court judgment.

§ 10-11-14. Action against bail in superior court based on district court judgment.
The plaintiff in any suit in which judgment shall be rendered in the district court, and the amount of debt, costs and interest due upon the judgment of the district court shall exceed five thousand dollars ($5000), shall be entitled to maintain an action against the bail in the superior court for the county in which the judgment shall be rendered, in which action the proceedings shall be the same in all respects as if the judgment had been rendered in the court.
History of Section.
G.L. 1896, ch. 258, § 8; C.P.A. 1905, § 1151; G.L. 1909, ch. 324, § 8; G.L. 1923, ch. 375, § 8; P.L. 1929, ch. 1331, § 11; G.L. 1938, ch. 565, § 8; G.L. 1956, § 10-11-14; P.L. 1965, ch. 55, § 54; P.L. 1969, ch. 239, § 22.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-11 - Bail of Persons Imprisoned on Civil Process › Section 10-11-15. - Period after judgment allowed for action against bail.

§ 10-11-15. Period after judgment allowed for action against bail.
No action against the bail shall be commenced unless it is within two (2) years next after the entering up of final judgment against the principal; provided, that if by reason of the absence of the bail from the state, service of process could not have been made within the time before mentioned, the action may be commenced at any time within two (2) years next after the return of the bail into the state. In computing the periods of time provided in this section, time during which execution is stayed shall not be included.
History of Section.
G.L. 1896, ch. 258, § 9; G.L. 1909, ch. 324, § 9; G.L. 1923, ch. 375, § 9; G.L. 1938, ch. 565, § 9; G.L. 1956, § 10-11-15; P.L. 1965, ch. 55, § 54.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-11 - Bail of Persons Imprisoned on Civil Process › Section 10-11-16. - Bail’s remedy against principal.

§ 10-11-16. Bail’s remedy against principal.
The bail may have remedy by a civil action against his or her principal for all damages sustained by his or her becoming bail.
History of Section.
G.L. 1896, ch. 258, § 10; G.L. 1909, ch. 324, § 10; G.L. 1923, ch. 375, § 10; G.L. 1938, ch. 565, § 10; G.L. 1956, § 10-11-16.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-12 - Liberty of Jail Yard › Section 10-12-1. - Repealed.

§ 10-12-1. Repealed.
History of Section.
G.L. 1896, ch. 259, § 4; G.L. 1909, ch. 325, § 4; G.L. 1923, ch. 376, § 4; G.L. 1938, ch. 562, § 4; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 10-12-1; P.L. 1965, ch. 55, § 55; P.L. 1997, ch. 326, § 33; Repealed by P.L. 2012, ch. 234, § 27, effective June 20, 2012.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-12 - Liberty of Jail Yard › Section 10-12-2. - Repealed.

§ 10-12-2. Repealed.
History of Section.
G.L. 1896, ch. 259, § 5; G.L. 1909, ch. 325, § 5; G.L. 1923, ch. 376, § 5; G.L. 1938, ch. 562, § 5; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 10-12-2; Repealed by P.L. 2012, ch. 234, § 27, effective June 20, 2012.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-12 - Liberty of Jail Yard › Section 10-12-3. - Limits of jail yard.

§ 10-12-3. Limits of jail yard.
The limits of each county shall be the limits of the jail yard of the county.
History of Section.
G.L. 1896, ch. 259, § 17; G.L. 1909, ch. 325, § 17; G.L. 1923, ch. 376, § 17; G.L. 1938, ch. 562, § 17; G.L. 1956, § 10-12-3.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-12 - Liberty of Jail Yard › Section 10-12-4. - Entry into places within yard.

§ 10-12-4. Entry into places within yard.
Any person confined in any correctional institution who shall give bond as provided in § 10-12-2 may go into any building or place within the exterior limits of the yard, complying with the bond and conforming to law.
History of Section.
G.L. 1896, ch. 259, § 6; G.L. 1909, ch. 325, § 6; G.L. 1923, ch. 376, § 6; G.L. 1938, ch. 562, § 6; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 10-12-4; P.L. 1997, ch. 326, § 33.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-12 - Liberty of Jail Yard › Section 10-12-5. - Assignment of property by person committed on execution.

§ 10-12-5. Assignment of property by person committed on execution.
No person committed on execution shall have the liberty of the prison yard for more than thirty (30) days after his or her commitment, unless he or she shall within the thirty (30) days execute an assignment of all his or her estate of every kind not exempted from attachment by law, and wherever the same may be, to the warden of the institution and his or her successor in the office, and his or her heirs and assigns, in trust for the equal benefit of all his or her creditors in proportion to their demands.
History of Section.
G.L. 1896, ch. 259, § 7; G.L. 1909, ch. 325, § 7; G.L. 1923, ch. 376, § 7; G.L. 1938, ch. 562, § 7; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 10-12-5.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-12 - Liberty of Jail Yard › Section 10-12-6. - Warden’s responsibility on assignment.

§ 10-12-6. Warden’s responsibility on assignment.
The warden receiving an assignment as provided in § 10-12-5 shall not be held responsible to any person for any property of any assignor, except such as he or she has actually received into his or her possession; provided, he or she shall assign all the interest he or she shall obtain thereby to the committing creditor, if a resident of this state, upon his or her request, or to such person, being a resident thereof, as the creditor shall name, to be held by the creditor or person so named, his or her heirs, executors, administrators and assigns, for the purposes and uses set forth in the deed, and a record of the assignment and of the transfers shall be made by the warden.
History of Section.
G.L. 1896, ch. 259, § 8; G.L. 1909, ch. 325, § 8; G.L. 1923, ch. 376, § 8; G.L. 1938, ch. 562, § 8; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 10-12-6; P.L. 1997, ch. 326, § 33.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-12 - Liberty of Jail Yard › Section 10-12-7. - Failure to report or assign to warden deemed an escape.

§ 10-12-7. Failure to report or assign to warden deemed an escape.
If any person so committed shall neglect to render himself or herself to the warden of the institution, in the institution, within thirty (30) days, or make an assignment as provided in § 10-12-5, he or she shall be deemed to have committed an escape under his or her bond for the liberty of the jail yard.
History of Section.
G.L. 1896, ch. 259, § 9; G.L. 1909, ch. 325, § 9; G.L. 1923, ch. 376, § 9; G.L. 1938, ch. 562, § 9; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 10-12-7; P.L. 1997, ch. 326, § 33.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-12 - Liberty of Jail Yard › Section 10-12-8. - Repealed.

§ 10-12-8. Repealed.
History of Section.
G.L. 1896, ch. 259, § 10; G.L. 1909, ch. 325, § 10; G.L. 1923, ch. 376, § 10; G.L. 1938, ch. 562, § 10; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 10-12-8; P.L. 1997, ch. 326, § 33; Repealed by P.L. 2012, ch. 234, § 27, effective June 20, 2012.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-12 - Liberty of Jail Yard › Section 10-12-9. - Judgment on jail yard bond.

§ 10-12-9. Judgment on jail yard bond.
If the creditor shall obtain judgment on the bond for the breach of the condition thereof, he or she shall recover his or her just debt, with interest from the time judgment was rendered in the original suit, and twelve percent (12%) interest on the debt for his or her damages, and the court shall render judgment on the debt accordingly.
History of Section.
G.L. 1896, ch. 259, § 11; G.L. 1909, ch. 325, § 11; G.L. 1923, ch. 376, § 11; G.L. 1938, ch. 562, § 11; G.L. 1956, § 10-12-9.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-12 - Liberty of Jail Yard › Section 10-12-10. - Limitation of actions on jail yard bond.

§ 10-12-10. Limitation of actions on jail yard bond.
No action shall be maintained for the breach of any bond given for the liberty of the jail yard as provided in § 10-12-2, unless the action is brought within one year after the time the breach was committed.
History of Section.
G.L. 1896, ch. 259, § 12; G.L. 1909, ch. 325, § 12; G.L. 1923, ch. 376, § 12; G.L. 1938, ch. 562, § 12; G.L. 1956, § 10-12-10; P.L. 1997, ch. 326, § 33.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-13 - Relief of Poor Debtors › Section 10-13-1. - Application to take poor debtor’s oath.

§ 10-13-1. Application to take poor debtor’s oath.
Except as is otherwise provided by § 10-13-2, any person who shall be imprisoned for debt whether on a writ of arrest issued at the commencement of an action, mesne process, or execution, or on execution awarded against him or her as defendant in any action to recover the possession of land or trespass to land, in which title to the land was in dispute between the parties, may complain to the justice of any district court in the county where the person shall be committed that he or she has no estate, real or personal, wherewith to support himself or herself in a correctional institution or to pay institution charges and may request to be admitted to take the poor debtor’s oath.
History of Section.
G.L. 1896, ch. 260, § 1; C.P.A. 1905, § 1153; G.L. 1909, ch. 326, § 1; G.L. 1923, ch. 377, § 1; G.L. 1938, ch. 563, § 1; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 10-13-1; P.L. 1965, ch. 55, § 56.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-13 - Relief of Poor Debtors › Section 10-13-2. - Persons not entitled to take oath.

§ 10-13-2. Persons not entitled to take oath.
No person who shall be committed on execution awarded against him or her as plaintiff in replevin or as defendant in any action on a penal statute or in any action for conversion or detention of personal property, or for any malicious injury to the person, health or reputation of the plaintiff in such suit, or for seduction, or for any trespass, excepting only such as are particularly named in § 10-13-1, shall be deemed to be within the meaning of the provisions of that section or entitled to be admitted to take the oath as provided in § 10-13-1.
History of Section.
G.L. 1896, ch. 260, § 10; G.L. 1909, ch. 326, § 10; G.L. 1923, ch. 377, § 10; G.L. 1938, ch. 563, § 10; G.L. 1956, § 10-13-2; P.L. 1965, ch. 55, § 56; P.L. 1997, ch. 326, § 34.