reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-19 - Evidence › Section 9-19-26. - Testimony in divorce, separation, and annulment proceedings.

§ 9-19-26. Testimony in divorce, separation, and annulment proceedings.
In all cases of divorce, separation, and annulment of marriage, the testimony shall be given viva voce in open court; provided, however, that the family court may permit the taking of depositions in cases where the witnesses or parties are aged, infirm, or too ill to appear in court or for any other special cause.
History of Section.
C.P.A. 1905, § 392; G.L. 1909, ch. 292, § 40; G.L. 1923, ch. 342, § 40; G.L. 1938, ch. 538, § 10; P.L. 1951, ch. 2738, § 1; G.L. 1956, § 9-19-26; impl. am. P.L. 1961, ch. 73, § 14.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-19 - Evidence › Section 9-19-27.1. - Repealed.

§ 9-19-27.1. Repealed.
History of Section.
P.L. 1970, ch. 232, § 1; Repealed by P.L. 1981, ch. 164, § 2. For current law, see § 9-19-27.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-19 - Evidence › Section 9-19-28. - Evidence of damage to property.

§ 9-19-28. Evidence of damage to property.
(a)
In any proceeding commenced in any court, commission, or agency for damage to real or personal property, an itemized statement of what portions of the property were repaired or replaced together with the cost of any parts replaced on the property and the value of any labor extended in the repairing or replacement, or an itemized statement of the estimated cost of repairing the damaged property, including the cost of replacement parts and labor, which has been subscribed and sworn to under the penalties of perjury by the person making the repairs or under whose direction the repairs were made, or by the person giving the estimate, or under whose direction the estimate was prepared, shall be admissible as evidence of the fair and reasonable cost of repairing the damage and shall constitute prima facie evidence of the reasonable cost of the repairs thereof; provided, however, that the statement shall contain no reference to the cause of the damage; and, provided further, that written notice of the intention to offer such a statement as evidence, together with a copy thereof, has been given to the opposing party or parties, or to his or her or their attorneys, by mailing the notice by certified mail, return receipt requested, not less than ten (10) days before the introduction of the statement into evidence, and that an affidavit of the notice and the return receipt is filed with the clerk of the court forthwith after the receipt has been returned. Nothing contained in this section shall be construed to limit the right of any party to summon, at his or her own expense, the person subscribing to the statement, for the purpose of cross examination with respect to the statement or to rebut the contents thereof or for any other purpose, nor to limit the right of any party to summon, at his or her own expense, any other person to testify in respect to the statement or for any other purpose, nor to limit the right of any party to summon, at his or her own expense, the business records of any person offering any such statement.
(b)
The word “person” as used herein shall mean any individual, firm, partnership, or corporation, or any full time employee thereof, engaged in the business of servicing and repairing property, or regularly performing such services incident to its principal business, or any individual licensed by the insurance commissioner as a motor vehicle damage appraiser pursuant to § 27-10.1-1.
History of Section.
P.L. 1963, ch. 120, § 1; P.L. 1971, ch. 124, § 1; P.L. 1981, ch. 164, § 2; P.L. 1986, ch. 208, § 1; P.L. 1993, ch. 255, § 1.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-19 - Evidence › Section 9-19-29. - Admissibility of records of deceased physicians, dentists and professional engineers.

§ 9-19-29. Admissibility of records of deceased physicians, dentists and professional engineers.
(a)
In all actions for the recovery of benefits under the Workers’ Compensation Act, chapters 29 — 38 of title 28, for personal injury or death, and in all actions for the recovery of damages for personal injury or death in any civil proceeding, if a physician, dentist, or professional engineer has died prior to the time of the trial of the action, the written records, reports, or bills of the physician or dentist concerning the patient who suffered the injury or death, and the reports and scale drawings of the professional engineer concerning matter relevant to the circumstances under which the injury or death was sustained, shall be admissible in evidence.
(b)
In all actions for the recovery of benefits under the Workers’ Compensation Act for personal injury or death and in all actions for the recovery of damages for personal injury or death in any civil proceeding, if a physician, dentist, or professional engineer has moved out of this state prior to trial or cannot be located within this state after a reasonable search, and whose whereabouts and address are unknown, any written records, reports, or bills of the physician or dentist concerning the patient who suffered the injury or death, and the reports and scale drawings of the professional engineer concerning matter relevant to the circumstances under which the injury or death was sustained, shall be admissible in evidence and the patient may testify as to the medical or dental services provided and the treatment received, and another physician or dentist may provide evidence as to the medical or dental services or treatment as if the physician or dentist had been the one who rendered the services or treatment, including evidence as to the fair and reasonable charge for the services, the necessity of the services or treatment and any other matter.
History of Section.
P.L. 1969, ch. 229, § 1; P.L. 1982, ch. 453, § 1.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-19 - Evidence › Section 9-19-30. - Certain statements of fact or opinion admissible in evidence in civil actions for malpractice.

§ 9-19-30. Certain statements of fact or opinion admissible in evidence in civil actions for malpractice.
Statements of facts or opinions on a subject of science or art contained in a published treatise, periodical, book, or pamphlet shall, insofar as the court shall find that the statements are relevant and that the writer of the statements is recognized in his or her profession or calling as an expert on the subject, be admissible in civil actions for malpractice, error, or mistake against physicians, surgeons, dentists, optometrists, hospitals, and sanitaria, as evidence tending to prove the facts or as opinion evidence; provided, however, that the party intending to offer as evidence any such statements shall, not less than thirty (30) days before the trial of the action, give the adverse party or his or her attorney notice of such intention, stating the name of the writer of the statements, the title of the treatise, periodical, book, or pamphlet in which they are contained, the date of publication of the treatise, periodical, book, or pamphlet, the name of the publisher of the treatise, periodical, book, or pamphlet, and wherever possible or practicable the page or pages of the treatise, periodical, book, or pamphlet on which the statements appear.
History of Section.
P.L. 1969, ch. 230, § 1.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-19 - Evidence › Section 9-19-31. - Written statements or recordings in actions to recover damages for personal injuries.

§ 9-19-31. Written statements or recordings in actions to recover damages for personal injuries.
In any action to recover damages for personal injuries, no written statements or recordings concerning the facts out of which the cause of action arose given by either party to the other, or to his or her agent, attorney, or insurer shall be admissible in evidence for any purpose unless the name and address of the person taking the statement or recording appears thereon and unless a copy thereof is retained by the party giving the statement or recording or delivered to him or her at the time the statement or recording was given or within thirty (30) days thereafter.
History of Section.
P.L. 1969, ch. 250, § 1.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-19 - Evidence › Section 9-19-32. - Informed consent a preliminary question.

§ 9-19-32. Informed consent a preliminary question.
In actions against physicians as defined in § 5-37-1(12), hospitals, clinics, health maintenance organizations, or professional service corporations providing health care services and organized under chapter 5.1 of title 7 for malpractice in providing treatment to patients, issues of informed consent or reasonable disclosure of all known material risks shall be initially considered by the court as preliminary questions of fact. Such issues shall be submitted to the jury by the court only in the event that it finds, after weighing the evidence and considering the credibility of the witnesses, that reasonable minds might fairly come to different conclusions in respect to such issues on the basis of the evidence presented and inferences to be drawn therefrom.
History of Section.
P.L. 1976, ch. 244, § 7; P.L. 1977, ch. 77, § 1; P.L. 1978, ch. 149, § 3; P.L. 1997, ch. 326, § 70.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-19 - Evidence › Section 9-19-33. - Res ipsa loquitur in medical malpractice actions.

§ 9-19-33. Res ipsa loquitur in medical malpractice actions.
In actions against licensed physicians, hospitals, clinics, health maintenance organizations, or professional service corporations providing health care services under chapter 5.1 of title 7 for malpractice in providing treatment to patients, the issue of res ipsa loquitur shall be a preliminary question of fact for the court to determine. The issue will be submitted to the jury by the court only in the event that, after weighing the evidence and the credibility of witnesses, the court is of the opinion that reasonable minds might fairly come to different conclusions as to whether the evidence of the circumstances would create a basis for a reasonable inference of negligence.
History of Section.
P.L. 1976, ch. 244, § 7; P.L. 1977, ch. 77, § 2.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-19 - Evidence › Section 9-19-34. - Repealed.

§ 9-19-34. Repealed.
History of Section.
P.L. 1976, ch. 244, § 7; P.L. 1977, ch. 77, § 3; Repealed by P.L. 1997, ch. 326, § 101, effective July 8, 1997. For present comparable provisions, see § 9-19-34.1.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-19 - Evidence › Section 9-19-34.1. - Collateral source rule in medical malpractice actions.

§ 9-19-34.1. Collateral source rule in medical malpractice actions.
In the event the defendant so elects, in a legal action based upon a cause of action arising after January 1, 1987, for personal injury against a licensed physician, hospital, clinic, health maintenance organization, professional service corporation providing health care services under chapter 5.1 of title 7, dentist, or dental hygienist based upon professional negligence, the defendant may introduce evidence of any amount payable as a benefit to the plaintiff as a result of the personal injury pursuant to any state income disability or workers’ compensation act, any health, sickness or income disability insurance, accident insurance that provides health benefits or income disability coverage, and any contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse the cost of medical, hospital, dental, or other health care services. Where the defendant elects to introduce such evidence, the plaintiff may introduce evidence of any amount which the plaintiff has paid or contributed to secure his or her right to any insurance benefits concerning which the defendant has introduced evidence. When such evidence is introduced, the jury shall be instructed to reduce the award for damages by a sum equal to the difference between the total benefits received and the total amount paid to secure the benefits by the plaintiff or the court may ascertain the sum by special interrogatory and reduce the award for damages after verdict. Whenever an award is so reduced, the lien of any first party payor who has paid such a benefit against the judgment shall be foreclosed and the plaintiff shall have no legal obligation to reimburse the payor.
History of Section.
P.L. 1986, ch. 350, § 7.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-19 - Evidence › Section 9-19-35. - Failure to bill inadmissible in medical malpractice cases.

§ 9-19-35. Failure to bill inadmissible in medical malpractice cases.
(a)
For the purposes of this section, “health care provider” means any physician as defined in § 5-37-1(12), hospital, clinic, health maintenance organization, or professional service corporation providing health care services and organized under chapter 5.1 of title 7, or any officer, employee, or agent thereof acting in the course and scope of his employment.
(b)
The failure of a health care provider to bill a patient for services rendered shall not be construed as an admission of liability and shall not be admissible in evidence as to liability in any hearing or trial of an action of tort or breach of contract for malpractice, error, or mistake against a health care provider.
History of Section.
P.L. 1981, ch. 103, § 1; P.L. 1997, ch. 326, § 70.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-19 - Evidence › Section 9-19-36. - Advance payments inadmissible in medical malpractice cases.

§ 9-19-36. Advance payments inadmissible in medical malpractice cases.
Any advance payment for medical bills by a health care provider or by the insurer of a health care provider shall not be construed as an admission of liability and shall not be admissible in evidence as to liability in any hearing or trial of an action of tort or breach of contract for malpractice, error, or mistake against a health care provider; provided, however, that nothing herein shall be construed to limit the right of a health care provider to introduce in evidence any advance payment for medical bills in diminution of damages.
History of Section.
P.L. 1981, ch. 103, § 1.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-19 - Evidence › Section 9-19-37. - Repealed.

§ 9-19-37. Repealed.
History of Section.
P.L. 1982, ch. 350, § 2; Repealed by P.L. 1987, ch. 381, § 5. Section 7 of P.L. 1987, ch. 381 provides that the repeal of this section by that Act shall take effect on the date that Rhode Island Rules of Evidence adopted by the Supreme Court take effect. Those Rules took effect October 1, 1987.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-19 - Evidence › Section 9-19-38. - Proof of life or work life expectancy.

§ 9-19-38. Proof of life or work life expectancy.
(a)
In any proceeding commenced in any court, commission, or agency, when the life or work life expectancy of a person shall be at issue or when it is necessary to establish the expectancy of continued life or work life expectancy of any person from any period of the person’s life, whether he or she is living at the time or not, the most recent issue of “The United States Abridged Life Tables” (United States Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Health Statistics) or Tables of Work Life Expectancies as published in “Work Life Estimates: Effects of Race and Education” (United States department of labor, bureau of labor statistics) shall be admissible in evidence as competent evidence of such matter. The admissibility of evidence provided for in this section shall not be deemed to render inadmissible evidence as to the health, constitution, habits, or occupation of the person or any other evidence otherwise admissible under the laws of this state.
(b)
The life and work life expectancy tables may be evidenced by an official publication of the tables or by a copy of the tables as published in a compiler’s note under this section in the general laws of Rhode Island. The tables as published in the general laws of Rhode Island shall be sufficient proof of life and work life expectancy without further foundation or authentication; provided, however, that written notice of the intention to offer the life or work life expectancy tables as evidence, together with a copy of the tables, has been given to the opposing party or parties, or to his or her or their attorneys, by mailing it by certified mail, return receipt requested, not less than ten (10) days before the introduction of the tables into evidence, and that an affidavit of the notice and the return receipt are filed with the clerk of the court immediately after the receipt has been returned.
History of Section.
P.L. 1983, ch. 53, § 1; P.L. 1986, ch. 511, § 1; P.L. 2000, ch. 335, § 1.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-19 - Evidence › Section 9-19-40. - Records of the division of motor vehicles.

§ 9-19-40. Records of the division of motor vehicles.
In any administrative, civil, or criminal proceeding in which the status of the license of any person who drives a motor vehicle on any highway of this state is an issue, certified copies of relevant documents on file with the division of motor vehicles or with the official custodian of relevant documents of another state or subdivision thereof, and the certified statement of the administrator, his or her equivalent, or his or her duly appointed designee as to the status of the license, shall be admissible as evidence of the status of the license subject to the right of the defendant to subpoena the records in rebuttal. Upon request, copies shall be provided to the person or his or her counsel at least three days before the proceeding.
History of Section.
P.L. 1985, ch. 323, § 1.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-19 - Evidence › Section 9-19-41. - Expert witnesses in malpractice cases.

§ 9-19-41. Expert witnesses in malpractice cases.
In any legal action based upon a cause of action arising on or after January 1, 1987, for personal injury or wrongful death filed against a licensed physician, hospital, clinic, health maintenance organization, professional service corporation providing health care services, dentists, or dental hygienist based on professional negligence, only those persons who by knowledge, skill, experience, training, or education qualify as experts in the field of the alleged malpractice shall be permitted to give expert testimony as to the alleged malpractice.
History of Section.
P.L. 1986, ch. 350, § 5.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-19 - Evidence › Section 9-19-42. - The Rhode Island rules of evidence.

§ 9-19-42. The Rhode Island rules of evidence.
The rules of evidence as adopted by the Rhode Island supreme court shall be controlling and take precedence over any statutory or case law in effect at the time of the adoption that is inconsistent with the Rhode Island rules of evidence.
History of Section.
P.L. 1987, ch. 381, § 1.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-19 - Evidence › Section 9-19-43. - Report of laboratory test.

§ 9-19-43. Report of laboratory test.
(a)
In any proceeding commenced in any court, commission, or agency, the report of analytical personnel employed by the state department of health to determine the presence of controlled substances in any specimen which has been subscribed and sworn to under the penalties of perjury by the person making the examination which was the basis for the report shall be admissible as evidence of the facts stated therein in any such proceeding. Provided, however, that if the report is to be offered at trial, written notice of the intention to offer the report as evidence, together with a copy thereof, must be given to the opposing party or parties, or to his or her or their attorneys, by mailing the notice by certified mail, return receipt requested, not less than ten (10) days before the introduction of the report into evidence, and that an affidavit of the notice and the return receipt is filed with the clerk of the court forthwith after the receipt has been returned. Nothing contained in this section shall be construed to limit the right of any party to summon the person subscribing to the statement for the purpose of cross examination with respect to the report or to rebut the contents thereof or for any other purpose, nor to limit the right of any party to summon any other person to testify with respect to the report or for any other purpose, nor to limit the right of any party to summon the business records of any person offering the report.
(b)
Nothing contained in this section shall prohibit the court, in its discretion, from requiring the appearance of the person making the report at any proceeding.
History of Section.
P.L. 1988, ch. 395, § 1.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-19 - Evidence › Section 9-19-44. - Mediator confidentiality in mediation proceedings.

§ 9-19-44. Mediator confidentiality in mediation proceedings.
(a)
All memoranda and other work product, including files, reports, interviews, case summaries, and notes, prepared by a mediator shall be confidential and not subject to disclosure in any subsequent judicial or administrative proceeding involving any of the parties to any mediation in which the materials are generated; nor shall a mediator be compelled to disclose in any subsequent judicial or administrative proceeding any communication made to him or her in the course of, or relating to the subject matter of, any mediation by a participant in the mediation process. For the purposes of this section, “mediation” shall mean a process in which an impartial third party who is a qualified mediator, who lacks authority to impose a solution, helps participants reach their own agreement for resolving a dispute, whether or not a judicial action has been filed; and a “mediator” shall mean an impartial person who enters into a written agreement with the parties to assist them in resolving their dispute and who has completed at least thirty (30) hours of training in mediation, or has two (2) years of professional experience as a mediator, or has been appointed to mediate by a judicial or governmental body.
(b)
This section shall not be applicable to any and all collective bargaining mediation, including but not limited to collective bargaining mediation conducted pursuant to chapters 9.1 — 9.5 and 10 of title 28 and chapter 11 of title 36.
History of Section.
P.L. 1992, ch. 356, § 1.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-19.1 - Newsman’s Privilege Act › Section 9-19.1-1. - “Newspaper” defined.

§ 9-19.1-1. “Newspaper” defined.
A newspaper or periodical as described in this chapter must be issued at regular intervals and have a paid circulation.
History of Section.
P.L. 1971, ch. 86, § 1.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-19.1 - Newsman’s Privilege Act › Section 9-19.1-2. - Nondisclosure of confidential information.

§ 9-19.1-2. Nondisclosure of confidential information.
Except as provided in § 9-19.1-3, no person shall be required by any court, grand jury, agency, department, or commission of the state to reveal confidential association, to disclose any confidential information, or to disclose the source of any confidential information received or obtained by him or her in his or her capacity as a reporter, editor, commentator, journalist, writer, correspondent, newsphotographer, or other person directly engaged in the gathering or presentation of news for any accredited newspaper, periodical, press association, newspaper syndicate, wire service, or radio or television station.
History of Section.
P.L. 1971, ch. 86, § 1.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-19.1 - Newsman’s Privilege Act › Section 9-19.1-3. - Qualifications.

§ 9-19.1-3. Qualifications.
(a)
The privilege conferred by § 9-19.1-2 shall not apply to any information which has at any time been published, broadcast, or otherwise made public by the person claiming the privilege.
(b)
The privilege conferred by § 9-19.1-2 shall not apply:
(1)
To the source of any allegedly defamatory information in any case where the defendant, in a civil action for defamation, asserts a defense based on the source of the information; or
(2)
To the source of any information concerning the details of any grand jury or other proceeding which was required to be secret under the laws of the state.
(c)
In any case where a person claims a privilege conferred by this statute, the person seeking the information or the source of the information may apply to the superior court for an order divesting the privilege. If the court, after hearing the parties, shall find that there is substantial evidence that disclosure of the information or of the source of the information is necessary to permit a criminal prosecution for the commission of a specific felony, or to prevent a threat to human life, and that the information or the source of the information is not available from other prospective witnesses, the court may make such order as may be proper under the circumstance. Any such order shall be appealable under the provisions of chapter 24 of title 9.
History of Section.
P.L. 1971, ch. 86, § 1.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-20 - Decisions, Special Findings and Assessment of Damages › Section 9-20-1. - Repealed.

§ 9-20-1. Repealed.
History of Section.
C.P.A. 1905, § 303; G.L. 1909, ch. 288, § 20; G.L. 1923, ch. 338, § 20; G.L. 1938, ch. 533, § 1; G.L. 1956, § 9-20-1; Repealed by P.L. 1965, ch. 55, § 33, effective January 10, 1966. For rules governing findings of fact and conclusions of law, see Super. Ct. R. Civ. P. Rule 52(a).
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-20 - Decisions, Special Findings and Assessment of Damages › Section 9-20-2. - Assessment of damages on default or submission.

§ 9-20-2. Assessment of damages on default or submission.
In all cases, except where otherwise provided, if judgment is rendered on default, discontinuance, submission, or motion, damages shall be assessed by the court, with the intervention of a jury unless cause is shown why there should be no intervention of a jury. The claimant in any case may waive the intervention of a jury.
History of Section.
C.P.A. 1905, § 352; G.L. 1909, ch. 291, § 5; G.L. 1923, ch. 341, § 5; G.L. 1938, ch. 534, § 1; G.L. 1956, § 9-20-2; P.L. 1958, ch. 61, § 2; P.L. 1961, ch. 120, § 1; P.L. 1965, ch. 55, § 34.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-20 - Decisions, Special Findings and Assessment of Damages › Section 9-20-3. - Repealed.

§ 9-20-3. Repealed.
History of Section.
C.P.A. 1905, § 353; G.L. 1909, ch. 291, § 6; G.L. 1923, ch. 341, § 6; G.L. 1938, ch. 534, § 2; G.L. 1956, § 9-20-3; Repealed by P.L. 1965, ch. 55, § 33, effective January 10, 1966. For special verdicts in superior court, see Super. Ct. R. Civ. P. Rule 49(a).
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-20 - Decisions, Special Findings and Assessment of Damages › Section 9-20-4. - Comparative negligence.

§ 9-20-4. Comparative negligence.
In all actions hereafter brought for personal injuries, or where personal injuries have resulted in death, or for injury to property, the fact that the person injured, or the owner of the property or person having control over the property, may not have been in the exercise of due care or the fact that the danger or defect was open and obvious shall not bar a recovery, but damages shall be diminished by the finder of fact in proportion to the amount of negligence attributable to the person injured, or the owner of the property or the person having control over the property.
History of Section.
P.L. 1971, ch. 206, § 1; P.L. 1972, ch. 18, § 1; P.L. 2019, ch. 185, § 1; P.L. 2019, ch. 256, § 1.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-20 - Decisions, Special Findings and Assessment of Damages › Section 9-20-4.1. - No setoff of damages.

§ 9-20-4.1. No setoff of damages.
There shall be no setoff of damages between the respective parties.
History of Section.
P.L. 1971, ch. 206, § 1.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-20 - Decisions, Special Findings and Assessment of Damages › Section 9-20-5. - Assumption of risk in use of off-road vehicles.

§ 9-20-5. Assumption of risk in use of off-road vehicles.
(a)
Notwithstanding the provisions of § 9-20-4, in any legal action against the state or any political subdivision thereof, an operator or passenger of: (1) a recreational vehicle as defined in § 31-3.2-1(8) or (2) a snowmobile as defined in § 31-3.2-1(11), or (3) an all terrain vehicle (A.T.V.), or (4) a motor vehicle primarily designed for use off public roads, shall while on state property assume as a matter of law the risks inherent in such operation insofar as they are obvious and necessary.
(b)
The director of the department of environmental management shall post signs warning operators and passengers that they assume the risk of injury while on state property. Provided, however, that the lack of signs shall not be admissible in a suit for negligence.
History of Section.
P.L. 1987, ch. 535, § 1; P.L. 1997, ch. 326, § 71; P.L. 2004, ch. 6, § 8.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-21 - Judgments, Orders, and Decrees › Section 9-21-1. - Repealed.

§ 9-21-1. Repealed.
History of Section.
C.P.A. 1905, § 427; G.L. 1909, ch. 294, § 1; G.L. 1923, ch. 344, § 1; G.L. 1938, ch. 535, § 1; G.L. 1956, § 9-21-1; Repealed by P.L. 1965, ch. 55, § 35, effective January 10, 1966. The provisions for entry of judgment in superior court are contained in Civil Procedure Rules 58, 77(d). For forms of judgment, see Super. Ct. R. Civ. P., Forms 31, 32. For entry of judgment in district court, see Dist. Ct. R. Civ. P. Rule 58.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-21 - Judgments, Orders, and Decrees › Section 9-21-2. - Relief from judgment or decree.

§ 9-21-2. Relief from judgment or decree.
(a)
On motion and upon such terms as are just, a court may relieve a party or his or her legal representative from a final judgment, order, decree, or proceeding entered therein for the following reasons:
(1)
Mistake, inadvertence, surprise, or excusable neglect;
(2)
Newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under applicable law;
(3)
Fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party;
(4)
The judgment is void;
(5)
The judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or
(6)
Any other reason justifying relief from the operation of the judgment.
(b)
The motion shall be made within a reasonable time and not more than one year after the judgment, order, or proceeding was entered or taken.
History of Section.
C.P.A. 1905, § 428; G.L. 1909, ch. 294, § 2; G.L. 1923, ch. 344, § 2; G.L. 1938, ch. 535, § 2; G.L. 1956, § 9-21-2; P.L. 1965, ch. 55, § 36.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-21 - Judgments, Orders, and Decrees › Section 9-21-3. - Interlocutory decrees and orders entered by clerk.

§ 9-21-3. Interlocutory decrees and orders entered by clerk.
The supreme or superior court may by rule authorize the clerk to enter up interlocutory decrees and orders when appropriate, subject to be set aside or varied upon application and notice.
History of Section.
C.P.A. 1905, § 438; G.L. 1909, ch. 294, § 12; G.L. 1923, ch. 344, § 12; G.L. 1938, ch. 535, § 3; G.L. 1956, § 9-21-3.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-21 - Judgments, Orders, and Decrees › Section 9-21-4. - Repealed.

§ 9-21-4. Repealed.
History of Section.
C. P. A. 1905, § 471; G.L. 1909, ch. 297, § 1; G.L. 1923, ch. 347, § 1; G.L. 1938, ch. 535, § 4; G.L. 1956, § 9-21-4; P.L. 1965, ch. 55, § 36); Repealed by P.L. 1972, ch. 169, § 7.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-21 - Judgments, Orders, and Decrees › Section 9-21-5. - Supreme court order for new trial where trial was not full, fair, and impartial.

§ 9-21-5. Supreme court order for new trial where trial was not full, fair, and impartial.
A party or garnishee in any action or proceeding in the superior court in which a trial has been had which was not full, fair, and impartial may, at any time within one year after judgment, petition the supreme court for a new trial; and the supreme court may, with or without terms, order a new trial in the superior court.
History of Section.
C.P.A. 1905, § 472; G.L. 1909, ch. 297, § 2; G.L. 1923, ch. 347, § 2; G.L. 1938, ch. 535, § 5; G.L. 1956, § 9-21-5; P.L. 1965, ch. 55, § 36.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-21 - Judgments, Orders, and Decrees › Section 9-21-6. - Allowance of appellate proceedings after time expired.

§ 9-21-6. Allowance of appellate proceedings after time expired.
When any person is aggrieved by an order, decree, decision, or judgment of the district court or of any probate court or town council from which an appeal or other review is available in the superior court and, because of accident, mistake, unforeseen cause, or excusable neglect has failed to claim his or her appeal, the superior court, if it appears that justice so requires, may, upon petition filed within ninety (90) days after the entry of the order, decree, decision, or judgment, allow an appeal to be taken and prosecuted upon such terms and conditions as the court may prescribe.
History of Section.
P.L. 1973, ch. 204, § 1.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-21 - Judgments, Orders, and Decrees › Section 9-21-7. - Repealed.

§ 9-21-7. Repealed.
History of Section.
C.P.A. 1905, § 341; G.L. 1909, ch. 289, § 38; G.L. 1923, ch. 339, § 38; G.L. 1938, ch. 535, § 7; G.L. 1956, § 9-21-7; Repealed by P.L. 1965, ch. 55, § 35, effective January 10, 1966.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-21 - Judgments, Orders, and Decrees › Section 9-21-8. - Interest on judgment for money.

§ 9-21-8. Interest on judgment for money.
Every judgment for money shall draw interest at the rate of twelve percent (12%) per annum to the time of its discharge.
History of Section.
C.P.A. 1905, § 436; G.L. 1909, ch. 294, § 10; G.L. 1923, ch. 344, § 10; G.L. 1938, ch. 484, § 1; G.L. 1956, § 9-21-8; P.L. 1965, ch. 55, § 36; P.L. 1981, ch. 54, § 1.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-21 - Judgments, Orders, and Decrees › Section 9-21-9. - Repealed.

§ 9-21-9. Repealed.
History of Section.
C.P.A. 1905, § 437; G.L. 1909, ch. 294, § 11; G.L. 1923, ch. 344, § 1; G.L. 1938, ch. 484, § 2; G.L. 1956, § 9-21-9; Repealed by P.L. 1965, ch. 55, § 35, effective January 10, 1966.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-21 - Judgments, Orders, and Decrees › Section 9-21-10. - Interest in civil actions.

§ 9-21-10. Interest in civil actions.
(a)
In any civil action in which a verdict is rendered or a decision made for pecuniary damages, there shall be added by the clerk of the court to the amount of damages interest at the rate of twelve percent (12%) per annum thereon from the date the cause of action accrued, which shall be included in the judgment entered therein. Post-judgment interest shall be calculated at the rate of twelve percent (12%) per annum and accrue on both the principal amount of the judgment and the prejudgment interest entered therein. This section shall not apply until entry of judgment or to any contractual obligation where interest is already provided.
(b)
Subsection (a) shall not apply in any action filed on or after January 1, 1987, for personal injury or wrongful death filed against a licensed physician, hospital, clinic, health maintenance organization, professional service corporation providing health care services, dentist, or dental hygienist based on professional negligence. In all such medical malpractice actions in which a verdict is rendered or a decision made for pecuniary damages, there shall be added by the clerk of the court to the amount of damages interest at the rate of twelve percent (12%) per annum thereon from the date of written notice of the claim by the claimant or his or her representative to the malpractice liability insurer, or to the medical or dental health care provider or the filing of the civil action, whichever first occurs.
History of Section.
P.L. 1958, ch. 126, § 1; P.L. 1965, ch. 55, § 36; P.L. 1966, ch. 1, § 10; P.L. 1970, ch. 184, § 1; P.L. 1975, ch. 144, § 1; P.L. 1976, ch. 146, § 1; P.L. 1977, ch. 10, § 1; P.L. 1981, ch. 54, § 1; P.L. 1986, ch. 350, § 8; P.L. 1989, ch. 555, § 2.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-21 - Judgments, Orders, and Decrees › Section 9-21-10.1. - Repealed.

§ 9-21-10.1. Repealed.
History of Section.
P.L. 1987, ch. 522, § 2; P.L. 1988, ch. 129, art. 21, § 2; Repealed by P.L. 1989, ch. 555, §§ 1, 6, effective July 12, 1989.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-21 - Judgments, Orders, and Decrees › Section 9-21-11. - Restraining orders — Notification of local authorities.

§ 9-21-11. Restraining orders — Notification of local authorities.
The clerk of the superior court of each county may, if requested by the prevailing party’s attorney, immediately forward a certified copy of any restraining order issued by a justice of the superior court to the police department of the municipality in which the prevailing party is domiciled whenever the order enjoins one party from interfering with the person of another.
History of Section.
P.L. 1982, ch. 401, § 2; P.L. 1997, ch. 308, § 1.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-21 - Judgments, Orders, and Decrees › Section 9-21-12. - Mandatory conference to consider periodic payments of judgment.

§ 9-21-12. Mandatory conference to consider periodic payments of judgment.
In any action to recover damages for personal injury, injury to property, or wrongful death for which a judgment of one hundred fifty thousand ($150,000) dollars or more is entered, a post-judgment conference shall be held after the court has decided any motion for new trial, whether the motion is for retrial on liability and damages or for additur or remittitur, at which the trial judge, plaintiff(s)’s counsel, and defendant(s)’s counsel shall be present. The conference will be for the purpose of determining the viability of a voluntary agreement for payment of the judgment in periodic installments.
History of Section.
P.L. 1986, ch. 350, § 9; P.L. 1987, ch. 522, § 6.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-21 - Judgments, Orders, and Decrees › Section 9-21-13. - Periodic payment of tort judgments.

§ 9-21-13. Periodic payment of tort judgments.
In any legal action based upon a cause of action arising for personal injury, property damage, or wrongful death in which damages, if liability is proved, are likely to be in excess of one hundred fifty thousand dollars ($150,000), the parties shall consider the use of periodic payments as means of settlement.
History of Section.
P.L. 1987, ch. 522, § 1.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-22 - Costs › Section 9-22-1. - Court order requiring nonresident plaintiff to give surety for costs.

§ 9-22-1. Court order requiring nonresident plaintiff to give surety for costs.
The court before which any civil action, whether by appeal or otherwise, is pending may, at any time before final judgment or decree therein, upon motion of any defendant and for cause shown, require a plaintiff who is not an inhabitant of this state to give some sufficient person residing within this state or some surety company authorized to do business therein as surety for costs, which may be done by the surety endorsing his or her name on the complaint with the words “surety for costs,” or by giving bond therefor; and when surety has once been given, may for cause shown, require the plaintiff to give another surety for costs.
History of Section.
C.P.A. 1905, § 442; G.L. 1909, ch. 295, § 2; G.L. 1923, ch. 345, § 2; G.L. 1938, ch. 536, § 2; G.L. 1956, § 9-22-1; P.L. 1965, ch. 55, § 37.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-22 - Costs › Section 9-22-2. - Repealed.

§ 9-22-2. Repealed.
History of Section.
C.P.A. 1905, § 443; G.L. 1909, ch. 295, § 3; G.L. 1923, ch. 345, § 3; G.L. 1938, ch. 536, § 3; G.L. 1956, § 9-22-2; Repealed by P.L. 1965, ch. 55, § 39, effective January 10, 1966.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-22 - Costs › Section 9-22-3. - Dismissal for failure to give surety.

§ 9-22-3. Dismissal for failure to give surety.
Upon the neglect of the plaintiff to comply with an order of the court requiring a surety or another surety, as provided in § 9-22-1, his or her action or suit may be dismissed with costs for the defendant.
History of Section.
C.P.A. 1905, § 444; G.L. 1909, ch. 295, § 4; G.L. 1923, ch. 345, § 4; G.L. 1938, ch. 536, § 4; G.L. 1956, § 9-22-3; P.L. 1997, ch. 326, § 22.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-22 - Costs › Section 9-22-4. - Liability of surety.

§ 9-22-4. Liability of surety.
Every surety shall be liable, in case the plaintiff shall not make good his or her case, to pay all costs that shall be awarded against the plaintiff; provided, that proceedings are brought therefor within one year after final decree or judgment in the suit or action.
History of Section.
C.P.A. 1905, § 445; G.L. 1909, ch. 295, § 5; G.L. 1923, ch. 345, § 5; G.L. 1938, ch. 536, § 5; G.L. 1956, § 9-22-4.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-22 - Costs › Section 9-22-5. - Recovery of costs by prevailing party.

§ 9-22-5. Recovery of costs by prevailing party.
In civil actions at law, the party prevailing shall recover costs, except where otherwise specially provided, or as justice may require, in the discretion of the court.
History of Section.
C.P.A. 1905, § 441; G.L. 1909, ch. 295, § 1; G.L. 1923, ch. 345, § 1; G.L. 1938, ch. 536, § 1; G.L. 1956, § 9-22-5.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-22 - Costs › Section 9-22-6. - Apportionment of costs in action for partition.

§ 9-22-6. Apportionment of costs in action for partition.
In all actions of partition, the court before which the action may be pending may adjudge and determine, as to it shall appear equitable and just, relative to the apportionment of costs among the parties, plaintiff and defendant, by dividing the costs equally or subjecting either party to the payment of the whole or any part thereof.
History of Section.
C.P.A. 1905, § 446; G.L. 1909, ch. 295, § 6; G.L. 1923, ch. 345, § 6; G.L. 1938, ch. 536, § 6; G.L. 1956, § 9-22-6.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-22 - Costs › Section 9-22-7. - Apportionment of surveyors’ and other fees.

§ 9-22-7. Apportionment of surveyors’ and other fees.
Any court may divide or apportion, between the parties in a suit pending, the fees of surveyors and other persons performing services therein by direction of the court.
History of Section.
C.P.A. 1905, § 447; G.L. 1909, ch. 295, § 7; G.L. 1923, ch. 345, § 7; G.L. 1938, ch. 536, § 7; G.L. 1956, § 9-22-7.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-22 - Costs › Section 9-22-8. - Costs in excess of claim — Attachment on small claims.

§ 9-22-8. Costs in excess of claim — Attachment on small claims.
In civil actions, no plaintiff shall recover costs in excess of the amount of his or her claim; nor shall any plaintiff in any action commenced by original writ or by writ of mesne process where property other than real estate is attached recover the costs of the attachment when the final judgment is for an amount less than fifty dollars ($50.00), unless the obligation sued upon is for necessaries furnished the defendant.
History of Section.
G.L., ch. 345, § 21, as enacted by P.L. 1936, ch. 2392, § 1; G.L. 1938, ch. 536, § 8; P.L. 1940, ch. 933, § 1; G.L. 1956, § 9-22-8.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-22 - Costs › Section 9-22-9. - Costs on motions, petitions, and appeals.

§ 9-22-9. Costs on motions, petitions, and appeals.
Any court may award costs on motions, petitions, or appeals filed in actions, suits, and other proceedings pending before it, for or against either party, in its discretion, and upon such terms and conditions as it may prescribe by general rule or special order.
History of Section.
C.P.A. 1905, § 449; G.L. 1909, ch. 295, § 9; G.L. 1923, ch. 345, § 9; G.L. 1938, ch. 536, § 9; G.L. 1956, § 9-22-9; P.L. 1972, ch. 169, § 8.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-22 - Costs › Section 9-22-10. - Matters before superior court in vacation.

§ 9-22-10. Matters before superior court in vacation.
In all cases where power is conferred upon the superior court to hear and determine any matter in vacation, the court may, in its discretion, award costs to either or neither party thereto, or divide the costs in any proportion between the parties; such costs to be taxed by the clerk unless objected to by either party, in which event the costs shall be passed on by the court, and, if allowed, collected by execution.
History of Section.
C.P.A. 1905, § 450; G.L. 1909, ch. 295, § 10; G.L. 1923, ch. 345, § 10; G.L. 1938, ch. 536, § 10; G.L. 1956, § 9-22-10.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-22 - Costs › Section 9-22-11. - Costs to defendant on withdrawal or discontinuance.

§ 9-22-11. Costs to defendant on withdrawal or discontinuance.
If the plaintiff in any case shall file his or her complaint as is provided by law and shall afterward withdraw or discontinue his or her suit after pleadings filed by the defendant, the defendant in the case shall recover his or her costs.
History of Section.
C.P.A. 1905, § 451; G.L. 1909, ch. 295, § 11; G.L. 1923, ch. 345, § 11; G.L. 1938, ch. 536, § 11; G.L. 1956, § 9-22-11.