reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-4 - Commencement of Proceedings › Section 9-4-8. - Correction of defective entries.

§ 9-4-8. Correction of defective entries.
Except as otherwise provided by law, whenever any civil action (except in a district court) or whenever any appeal shall not be entered according to law, the court to which the action or appeal is returnable may, in case of accident, mistake, unforeseen cause, or excusable neglect, in its discretion, allow the action or appeal to be entered with or without terms; provided, that if the action or appeal is not entered according to law, in the first instance, all attachments and arrests made therein shall be thereby vacated.
History of Section.
C.P.A. 1905, § 258; G.L. 1909, ch. 285, § 1; G.L. 1923, ch. 335, § 1; G.L. 1938, ch. 513, § 1; G.L. 1956, § 9-4-8; P.L. 1965, ch. 55, § 11; P.L. 1997, ch. 326, § 17.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-4 - Commencement of Proceedings › Section 9-4-9. - Lis pendens.

§ 9-4-9. Lis pendens.
(a)
No proceeding in court, hereafter taken, whether by filing bill, petition, declaration, or other complaint, or by rule of court or otherwise, and no final order, decree, or judgment, concerning the title to any real estate, in this state, or to any interest or easement therein, shall affect the title (except as to parties thereto and their heirs and devisees, and those having actual notice thereof) as to any rights acquired before notice of the filing, or entry of the notice shall be recorded in the records of land evidence in the town or city where the real estate is situated; the notice to be copied in a book duly indexed and kept for that purpose. The notice shall briefly state the names of all the parties, the court wherein filed, the date of filing, and the substance of the bill, petition, declaration or other complaint, rule, order, decree, or judgment, and a description of the real estate thereby affected, so as far as may be necessary to warn any person subsequently dealing with the title to the land.
(b)
Any person causing such notice to be recorded shall, within seven (7) days of the recording, cause a copy of said notice to be mailed, regular mail, postage prepaid to all parties named in the bill, petition, declaration or other complaint, rule, order, decree, or judgment at their last known address. Failure to comply with this provision shall not invalidate the lis pendens.
History of Section.
C.P.A. 1905, § 439; G.L. 1909, ch. 294, § 13; G.L. 1923, ch. 344, § 13; G.L. 1938, ch. 439, § 1; P.L. 1940, ch. 942, § 1; G.L. 1956, § 9-4-9; P.L. 1988, ch. 85, § 1.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-1. - Writs in name of state — Seal — Signature by clerk or justice.

§ 9-5-1. Writs in name of state — Seal — Signature by clerk or justice.
Writs issuing from any court shall issue in the name of the state of Rhode Island, shall be under the seal of the court from which they issue, and shall be signed by the clerk or by one of the justices thereof.
History of Section.
C.P.A. 1905, § 498; G.L. 1909, ch. 299, § 1; G.L. 1923, ch. 349, § 1; G.L. 1938, ch. 514, § 1; G.L. 1956, § 9-5-1; P.L. 2021, ch. 77, § 5, effective June 23, 2021; P.L. 2021, ch. 78, § 5, effective June 23, 2021.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-2. - Counties in which superior court writs made and returnable.

§ 9-5-2. Counties in which superior court writs made and returnable.
Any original writ or writ of mesne process from the superior court for any county may be sealed and signed by the clerk of the court for any county and be made returnable in any other county where the court may sit.
History of Section.
C.P.A. 1905, § 499; G.L. 1909, ch. 299, § 2; G.L. 1923, ch. 349, § 2; G.L. 1938, ch. 514, § 2; P.L. 1942, ch. 1143, § 1; G.L. 1956, § 9-5-2.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-3. - Facsimile signature of clerk or seal of the court.

§ 9-5-3. Facsimile signature of clerk or seal of the court.
A facsimile of the signature of the clerk of the superior court for each of the counties of Providence and Bristol, Newport, Washington, and Kent, or the district court for each division, imprinted by him or her, with the seal of the court affixed or a facsimile of the court seal, upon any civil process, original, supplementary, or final, or upon any copy of or accompanying the process, or upon any subpoena, or upon any other paper requiring the signature of the clerk and the seal of the court issuing out of the court of which he or she is clerk, except complaints and warrants, mittimuses, capiases, remands, and writs of habeas corpus, shall have the same validity as his or her written signature.
History of Section.
P.L. 1906, ch. 1315, § 1; G.L. 1909, ch. 299, § 3; P.L. 1918, ch. 1611, § 1; P.L. 1921, ch. 2017, § 1; G.L. 1923, ch. 349, § 3; G.L. 1938, ch. 514, § 3; G.L. 1956, § 9-5-3; P.L. 1969, ch. 239, § 8; P.L. 2014, ch. 247, § 1; P.L. 2014, ch. 315, § 1.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-4. - Repealed.

§ 9-5-4. Repealed.
History of Section.
C.P.A. 1905, § 500; G.L. 1909, ch. 299, § 4; G.L. 1923, ch. 349, § 4; G.L. 1938, ch. 514, § 4; G.L. 1956, § 9-5-4; Repealed by P.L. 1965, ch. 55, § 14, effective January 10, 1966.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-5. - Form of writs from supreme and superior courts.

§ 9-5-5. Form of writs from supreme and superior courts.
All writs issuing from the supreme or superior court shall be in such form as the court shall prescribe, except if express provision is made by statute.
History of Section.
C.P.A. 1905, § 501; G.L. 1909, ch. 299, § 5; G.L. 1923, ch. 349, § 5; G.L. 1938, ch. 514, § 5; G.L. 1956, § 9-5-5.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-6. - Writs and process operating throughout state — Officers to whom directed.

§ 9-5-6. Writs and process operating throughout state — Officers to whom directed.
All writs, executions, and process shall run throughout the state and shall be directed for service to the division of sheriffs, or to a certified constable, but if any deputy sheriff is a party to the action or suit, the process shall be directed to the town sergeant or a certified constable and may be served by any one of them not a party to the action or suit.
History of Section.
C.P.A. 1905, § 502; G.L. 1909, ch. 299, § 6; G.L. 1923, ch. 349, § 6; P.L. 1930, ch. 1618, § 1; P.L. 1932, ch. 1900, § 1; G.L. 1938, ch. 514, § 6; G.L. 1956, § 9-5-6; P.L. 1965, ch. 55, § 13; P.L. 2012, ch. 324, § 16; P.L. 2015, ch. 260, § 8; P.L. 2015, ch. 275, § 8.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-7. - Direction of writs for arrest or execution against the body.

§ 9-5-7. Direction of writs for arrest or execution against the body.
All writs whatsoever commanding the arrest of a defendant, or executions running against the body of a defendant, shall be directed for service to the division of sheriffs or to a certified constable authorized pursuant to § 9-5-10.1, or if the writ is to be served in the town of New Shoreham, it may be directed to the town sergeant of the town, subject to the provisions of § 9-5-8, and no writ of arrest shall be served by any other officer.
History of Section.
P.L. 1926, ch. 784, § 1; G.L. 1938, ch. 515, § 8; G.L. 1956, § 9-5-7; P.L. 2012, ch. 324, § 16; P.L. 2015, ch. 260, § 8; P.L. 2015, ch. 275, § 8.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-8. - Power of New Shoreham town sergeant — Bond.

§ 9-5-8. Power of New Shoreham town sergeant — Bond.
The town sergeant of the town of New Shoreham is hereby authorized and empowered to serve any writ and civil or criminal process in the town of New Shoreham and the waters adjacent thereto within the jurisdiction of the state, the ad damnum of which does not exceed one thousand dollars ($1,000), as fully and effectually as a member of the division of sheriffs; provided, that the town sergeant of New Shoreham give bond, with two (2) sufficient sureties, to the general treasurer in the sum of two thousand dollars ($2,000). In case any person is injured by the breach of the bond, he or she may sue upon the bond in like manner as he or she might do upon a sheriff’s bond in a like case under the provisions of §§ 42-29-12 and 42-29-13.
History of Section.
P.L. 1897, ch. 499, §§ 1, 2; C.P.A. 1905, § 1206; G.L. 1909, ch. 300, §§ 2, 3; G.L. 1923, ch. 350, §§ 2, 3; G.L. 1938, ch. 515, §§ 2, 3; G.L. 1956, § 9-5-8; P.L. 2012, ch. 324, § 16.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-9. - Warrants for commitment to state-operated facilities.

§ 9-5-9. Warrants for commitment to state-operated facilities.
Any warrant or mittimus issued from any superior or district court committing any person to the Eleanor Slater hospital or Rhode Island state psychiatric hospital shall be directed to and executed by duly authorized agents of the department of behavioral healthcare, developmental disabilities and hospitals, who shall make return thereon, the provisions of any other law to the contrary notwithstanding.
History of Section.
G.L., ch. 349, § 6; P.L. 1930, ch. 1618, § 1; P.L. 1932, ch. 1900, § 1; G.L. 1938, ch. 514, § 6; impl. am. P.L. 1939, ch. 660, § 80; G.L. 1956, § 9-5-9; P.L. 2012, ch. 324, § 16; P.L. 2022, ch. 231, art. 11, § 3, effective June 27, 2022.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-10. - Direction and return of district courts writs and summonses.

§ 9-5-10. Direction and return of district courts writs and summonses.
Writs and summonses issued by a district court shall be made returnable to the court at the place and on the day and hour provided by law, to be named in the writs and summonses, and shall, except as otherwise specifically provided, be directed to the division of sheriffs, or to the town sergeants, or to a certified constable authorized pursuant to § 9-5-10.1. In case any person upon whom it is necessary to make service of any writ, summons, or execution issued by a district court is, or has estate, in any other county than the one in which the action is brought, the writ, summons, or execution may also be directed to and served by the like officer of such other county.
History of Section.
C.P.A. 1905, § 503; G.L. 1909, ch. 299, § 7; G.L. 1923, ch. 349, § 7; G.L. 1938, ch. 514, § 7; G.L. 1956, § 9-5-10; P.L. 1964, ch. 221, § 1; P.L. 1965, ch. 55, § 13; P.L. 1966, ch. 1, § 6; P.L. 1967, ch. 118, § 1; P.L. 1969, ch. 239, § 8; P.L. 1971, ch. 183, § 3; P.L. 1989, ch. 282, § 1; P.L. 2012, ch. 324, § 16; P.L. 2015, ch. 260, § 8; P.L. 2015, ch. 275, § 8.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-10.2. - Posting of bond by certified constables.

§ 9-5-10.2. Posting of bond by certified constables.
Upon filing of the application and training required by § 9-5-10.1, an applicant shall submit an application fee in the amount of four hundred dollars ($400) and deposit a bond with sufficient sureties in the sum of ten thousand dollars ($10,000) for the faithful performance of the duties of his or her office conditioned to protect members of the public and persons contracting with the certified constable against any damage arising from any actionable misconduct on the part of the applicant while serving as a certified constable. The terms of the bond shall include notification by the surety issuing the bond to the department if the bond is revoked, cancelled, or otherwise not in effect. Failure to keep the bond in effect shall be grounds for revocation of the certification to act as a constable.
History of Section.
P.L. 2015, ch. 260, § 9; P.L. 2015, ch. 275, § 9.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-10.3. - Powers and authority of certified constables.

§ 9-5-10.3. Powers and authority of certified constables.
(a)
No certified constable shall display any badge, emblem, or certification in the course of his or her duties except that which is issued or authorized by the department of business regulation, nor shall any certified constable misrepresent himself or herself as a law enforcement officer or peace officer.
(b)
Certified constables shall have no power or authority other than to serve process and execute writs as provided by this section.
(c)
The powers and authority of any constable who is presently approved to serve process by the district court shall continue in full force and effect until such time that his or her application for certification is approved in accordance with the certification process set forth in § 9-5-10.5, but in no event shall such period exceed two (2) years.
(d)
No certified constable, while serving or executing any process or writ issued by or returnable to the court, is liable in any civil action to respond in damages as a result of his or her acts of commission or omission arising directly out of his or her negligent serving or executing the process or writ except as provided in § 9-5-10.5. In the event a civil action is brought against a certified constable as the result of the performance of his or her duties, the constable is entitled to recover all costs and attorney’s fees incurred by the certified constable incidental to the civil action.
History of Section.
P.L. 2015, ch. 260, § 9; P.L. 2015, ch. 275, § 9.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-10.4. - Renewal of certification of certified constables.

§ 9-5-10.4. Renewal of certification of certified constables.
A certified constable shall be required to renew his or her certification every two (2) years. Any certified constable failing to renew his or her certification shall no longer be approved to serve as a certified constable. At the time of renewal, the certified constable shall submit a renewal application fee of four hundred dollars ($400) and provide evidence that he or she has completed ten (10) hours of approved continuing education in the areas of service of process within the prior twenty-four-month (24) period, and such courses shall be approved by the Independent Constables Association, Inc. and/or the Rhode Island Constables, Inc., along with proof of sufficient bond, a current criminal background check, and current contact information. Failure to provide any of these items shall be grounds to deny renewal of the certification.
History of Section.
P.L. 2015, ch. 260, § 9; P.L. 2015, ch. 275, § 9.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-10.5. - Suspension, revocation or review of certification of certified constables.

§ 9-5-10.5. Suspension, revocation or review of certification of certified constables.
(a)
Upon the receipt of a written complaint, request of the board, request of a judge of any court, or upon its own initiative, the department shall ascertain the facts and, if warranted, hold a hearing for the reprimand, suspension, or revocation of a certification. The director, or his or her designee, has the power to refuse a certification for cause or to suspend or revoke a certification or place an applicant on probation for any of the following reasons:
(1)
The certification was obtained by false representation or by fraudulent act or conduct;
(2)
Failure to report to the department any of the following within thirty (30) days of the occurrence:
(i)
Any criminal prosecution taken in any jurisdiction. The constable shall provide the initial complaint filed and any other relevant legal documents;
(ii)
Any change of name, address or other contact information;
(iii)
Any administrative action taken against the constable in any jurisdiction by any government agency within or outside of this state. The report shall include a copy of all relevant legal documents;
(3)
Failure to respond to the department within ten (10) days to any written inquiry from the department;
(4)
Where a certified constable, in performing or attempting to perform any of the acts mentioned in this section, is found to have committed any of the following:
(i)
Inappropriate conduct that fails to promote public confidence, including failure to maintain impartiality, equity, and fairness in the conduct of his or her duties;
(ii)
Neglect, misfeasance, or malfeasance of his or her duties;
(iii)
Failure to adhere to court policies, rules, procedures, or regulations;
(iv)
Failure to maintain the highest standards of personal integrity, honesty, and truthfulness, including misrepresentation, bad faith, dishonesty, incompetence, or an arrest or conviction of a crime.
A copy of the determination of the director of the department of business regulation, or his or her designee, shall be forwarded to the chief judge of the district court within ten (10) business days.
(b)
Nothing herein shall be construed to prohibit the chief of any court from suspending the certification of a constable to serve process within his or her respective court pending the outcome of an investigation consistent with the provisions of chapter 35 of title 42.
(c)
The department is authorized to levy an administrative penalty not exceeding one thousand dollars ($1,000) for each violation for failure to comply with the provisions of this chapter or with any rule or regulation promulgated by the department.
History of Section.
P.L. 2015, ch. 260, § 9; P.L. 2015, ch. 275, § 9; P.L. 2022, ch. 231, art. 3, § 6, effective June 27, 2022.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-10.6. - Certified constables’ board.

§ 9-5-10.6. Certified constables’ board.
(a)
There shall be created a certified constables’ board that shall review each applicant and recommend him or her for training, conduct the oral examination of each applicant, and that shall serve as a resource to the department in the consideration of the practical aspects of constable practice. The board shall consist of five (5) members appointed by the governor: two (2) who shall be constables in good standing who have served for at least ten (10) years, one of whom shall be recommended by the Rhode Island Constables, Inc. and one recommended by the Rhode Island Constables Association; and three (3) attorneys who shall be licensed to practice law by the supreme court in good standing. Members of the constables’ board shall serve for terms of five (5) years until a successor is appointed and qualified.
(b)
A representative of the board may attend hearings in order to furnish advice to the department. The board may also consult with the department of business regulation from time to time on matters relating to constable certification.
History of Section.
P.L. 2015, ch. 260, § 9; P.L. 2015, ch. 275, § 9; P.L. 2022, ch. 231, art. 3, § 6, effective June 27, 2022.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-11. - District court process returnable in any division.

§ 9-5-11. District court process returnable in any division.
Writs and other process from the district court, duly signed and sealed, may be made returnable in any division, including writs of replevin; provided, that writs of replevin shall be made returnable to the district court in any division in which the goods or chattels to be replevied are taken, attached, or detained.
History of Section.
C.P.A. 1905, § 504; G.L. 1909, ch. 299, § 8; G.L. 1923, ch. 349, § 8; G.L. 1938, ch. 514, § 8; P.L. 1942, ch. 1143, § 2; G.L. 1956, § 9-5-11; P.L. 1965, ch. 55, § 13; P.L. 1969, ch. 239, § 8.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-12, 9-5-13. - Repealed.

§ 9-5-12, 9-5-13. Repealed.
History of Section.
C.P.A. 1905, § 505; G.L. 1909, ch. 299, §§ 9, 10; G.L. 1923, ch. 349, §§ 9, 10; G.L. 1938, ch. 514, §§ 9, 10; G.L. 1956, §§ 9-5-12, 9-5-13; Repealed by P.L. 1965, ch. 55, § 14, effective January 10, 1966. For present form of summons, see Super. Ct. R. Civ. P. Rule 4(a) and Form 1.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-14. - Writs of mesne process.

§ 9-5-14. Writs of mesne process.
The plaintiff in any action may, as often as may be necessary, at any time before final judgment in the action, sue out a writ of mesne process to be made returnable to the court in which the action is then pending, the writ of mesne process commanding the attachment of the real or personal estate of the defendant, including his or her personal estate in the hands or possession of any person, partnership, or corporation, as the trustee of the defendant, and his or her stock or shares in any banking association or other incorporated company, and may also sue out a writ of mesne process commanding the arrest of the defendant unless the defendant has been arrested in the action; provided, that the plaintiff, his or her agent, or attorney shall make affidavit, to be endorsed on or annexed to the writ, setting forth facts which would authorize an attachment or arrest at the commencement of the action. The writ of mesne process shall conform, as nearly as may be, to a writ of attachment or arrest issued at the commencement of an action and shall be returnable at a time, before final judgment, to be specified in the writ.
History of Section.
C.P.A. 1905, § 513; G.L. 1909, ch. 299, § 17; G.L. 1923, ch. 349, § 17; G.L. 1938, ch. 514, § 11; P.L. 1942, ch. 1143, § 3; G.L. 1956, § 9-5-14; P.L. 1965, ch. 55, § 13.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-15. - Form for writs of replevin.

§ 9-5-15. Form for writs of replevin.
Writs of replevin shall be substantially in the following form:
WRIT OF REPLEVIN.
THE STATE OF RHODE ISLAND.
SC. To the sheriffs of our several counties, their deputies, or to a certified constable,
(SEAL) Greeting:
We command you that you replevy, if to be found within your precinct, the goods and chattels following, viz.: (Here enumerate and particularly describe them) belonging to .............................. of .............................. now taken (detained, or attached as the case may be) by .......... of .......... at .......... in the county of ......................... and them deliver unto the said ......................... , provided the same are not taken, attached, or detained upon original writ, mesne process, warrant of distress, or upon execution as the property of the said .............................. ; and summon the said .................... to appear 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 ......................... , to answer unto the said ......................... in a plea of replevin that the said ......................... on the .......................... day of ......................... at said ......................... unlawfully, and without justifiable cause, took the goods and chattels of the said .......................... as aforesaid, and them unlawfully detained unto this day, (or, unlawfully detained the goods and chattels aforesaid, as the case may be) to the damage of the said ......................... , as he or she says, ......................... dollars.
Hereof fail not, and make true return of this writ with your doings thereon, together with the bond you shall take of the plaintiff.
Witness, the seal of our superior court, at .......... this .......... day of ......................... in the year .........
, Clerk.
History of Section.
C.P.A. 1905, § 515; G.L. 1909, ch. 299, § 19; G.L. 1923, ch. 349, § 19; G.L. 1938, ch. 514, § 12; G.L. 1956, § 9-5-15; P.L. 2015, ch. 260, § 8; P.L. 2015, ch. 275, § 8; P.L. 2021, ch. 77, § 5, effective June 23, 2021; P.L. 2021, ch. 78, § 5, effective June 23, 2021.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-16, 9-5-17. - Repealed.

§ 9-5-16, 9-5-17. Repealed.
History of Section.
C.P.A. 1905, §§ 515, 516; G.L. 1909, ch. 299, §§ 19, 20; G.L. 1938, ch. 514, §§ 12, 13; G.L. 1956, §§ 9-5-16, 9-5-17; Repealed by P.L. 1965, ch. 55, § 14, effective January 10, 1966. Writs of scire facias have been abolished in both the superior and district courts, see Super. Ct. R. Civ. P. Rule 81(c) and Dist. Ct. R. Civ. P. Rule 81(c).
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-18. - Adaptation of forms to more than one defendant.

§ 9-5-18. Adaptation of forms to more than one defendant.
Whenever process shall issue against more than one defendant, the forms provided by law may be altered so as to combine the summons, the writ of arrest, and the writ of attachment, in order that they may be served on one or more of the defendants by one form of service and on the other or others by another form of service.
History of Section.
C.P.A. 1905, § 518; G.L. 1909, ch. 299, § 22; G.L. 1923, ch. 349, § 22; G.L. 1938, ch. 514, § 15; G.L. 1956, § 9-5-18; P.L. 1965, ch. 55, § 13.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-19. - Adaptation of forms not prescribed.

§ 9-5-19. Adaptation of forms not prescribed.
Every court shall adapt the form of process necessary to be issued thereby, whenever no form is prescribed, so as to conform to law and, as far as the nature of the case will admit, to the forms prescribed in this chapter and in applicable procedural rules.
History of Section.
C.P.A. 1905, § 519; G.L. 1909, ch. 299, § 23; G.L. 1923, ch. 349, § 23; G.L. 1938, ch. 514, § 16; G.L. 1956, § 9-5-19; P.L. 1965, ch. 55, § 13.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-20. - Writs and other process against unknown defendant.

§ 9-5-20. Writs and other process against unknown defendant.
Whenever the name of any defendant or respondent is not known to the plaintiff, the summons and other process may issue against him or her by a fictitious name, or by such description as the plaintiff or complainant may select; and if duly served, it shall not be abated for that cause, but may be amended with or without terms as the court may order.
History of Section.
C.P.A. 1905, § 520; G.L. 1909, ch. 299, § 24; G.L. 1923, ch. 349, § 24; G.L. 1938, ch. 514, § 17; G.L. 1956, § 9-5-20; P.L. 1965, ch. 55, § 13.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-21. - Signature of processes in action involving clerk of court.

§ 9-5-21. Signature of processes in action involving clerk of court.
Whenever the clerk of any court shall be a party to an action, suit, or other proceeding, civil or criminal, all processes issuing from the court thereon shall be signed by a justice thereof.
History of Section.
C.P.A. 1905, § 521; G.L. 1909, ch. 299, § 25; G.L. 1923, ch. 349, § 25; G.L. 1938, ch. 514, § 18; G.L. 1956, § 9-5-21; P.L. 1965, ch. 55, § 13.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-22. - False swearing in affidavit to support writ.

§ 9-5-22. False swearing in affidavit to support writ.
Every person who shall willfully swear falsely to any statement in an affidavit made by him or her, by means of which affidavit a writ of arrest or attachment shall have issued and been served by arrest or attachment, shall be deemed guilty of perjury.
History of Section.
C.P.A. 1905, § 522; G.L. 1909, ch. 299, § 26; G.L. 1923, ch. 349, § 26; G.L. 1938, ch. 514, § 19; G.L. 1956, § 9-5-22.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-23. - Time of service of original writs — Writs returnable on holiday.

§ 9-5-23. Time of service of original writs — Writs returnable on holiday.
Every original writ issuing from the superior court shall be returnable thereto on the day named in the writ, and shall be served not less than ten (10) nor more than sixty (60) days before the return day thereof, except in those cases in which special provision by law shall be made to the contrary; and every original writ issuing from a district court shall be served not less than six (6) nor more than twenty (20) days before the return day thereof; provided, that writs issued in civil actions returnable to any court on a legal holiday shall not thereby abate, but may be entered on the next court day of the court for civil business with the same effect as if made returnable at such later court day, and in such event all periods of time for pleading and for action of every character in the case shall begin to run from the court day next following the legal holiday.
History of Section.
C.P.A. 1905, § 525; G.L. 1909, ch. 300, § 1; G.L. 1923, ch. 350, § 1; G.L. 1938, ch. 515, § 1; G.L. 1956, § 9-5-23.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-24. - Service on Sunday void.

§ 9-5-24. Service on Sunday void.
No civil process whatsoever shall be served on Sunday, but every such service shall be utterly void.
History of Section.
C.P.A. 1905, § 559; G.L. 1909, ch. 300, § 41; G.L. 1923, ch. 350, § 41; G.L. 1938, ch. 515, § 7; G.L. 1956, § 9-5-24.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-25. - Exemption of voters from arrest.

§ 9-5-25. Exemption of voters from arrest.
All persons entitled to vote shall be protected from arrest in civil cases, on the days of election for city or town officers, and for state officers, representatives in congress, and electors of president and vice-president of the United States; and on the day preceding and the day following the election.
History of Section.
G.L. 1896, ch. 14, § 1; G.L. 1909, ch. 20, § 1; G.L. 1923, ch. 19, § 1; G.L. 1938, ch. 327, § 1; G.L. 1956, § 9-5-25.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-26. - Repealed.

§ 9-5-26. Repealed.
History of Section.
C.P.A. 1905, § 526; G.L. 1909, ch. 300, § 4; G.L. 1923, ch. 350, § 4; G.L. 1938, ch. 515, § 4; G.L. 1956, § 9-5-26; Repealed by P.L. 1965, ch. 55, § 14, effective January 10, 1966. For manner of service in superior court, see Super. Ct. R. Civ. P. Rule 4(d). For manner of service in district court, see Dist. Ct. R. Civ. P. Rule 4(d) — (g).
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-27. - Service on nonresident guardian, executor, or administrator.

§ 9-5-27. Service on nonresident guardian, executor, or administrator.
Service of any process may be made by any disinterested person upon any nonresident guardian, executor, or administrator, appointed or approved by any court of probate in this state, either by reading the process to him or her or by leaving an attested copy thereof with him or her, or by leaving the copy at his or her last and usual place of abode with some person living there; and in the latter case, by also publishing notice to him or her in such manner as the court, out of which the process issues, shall direct. And if the guardian, executor, or administrator shall not appear and answer the process, the probate court may, in its discretion, remove the guardian, executor, or administrator.
History of Section.
C.P.A. 1905, § 552; G.L. 1909, ch. 300, § 34; G.L. 1923, ch. 350, § 34; G.L. 1938, ch. 515, § 5; G.L. 1956, § 9-5-27.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-28. - Affidavit or admission of service on nonresident.

§ 9-5-28. Affidavit or admission of service on nonresident.
A disinterested person, serving process as provided in § 9-5-27, shall make affidavit of the service thereof, and of the manner in which, the time when, and the place where the service was made; or the service thereof may be made by the admission of service by the guardian, executor, or administrator, on the back of the process, and by his or her acknowledgment thereof some officer authorized to administer oaths.
History of Section.
C.P.A. 1905, § 553; G.L. 1909, ch. 300, § 35; G.L. 1923, ch. 350, § 35; G.L. 1938, ch. 515, § 6; G.L. 1956, § 9-5-28; P.L. 1997, ch. 326, § 18.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-29. - Appointment of attorney by nonresidents doing business in state.

§ 9-5-29. Appointment of attorney by nonresidents doing business in state.
Every individual not a resident of this state and every partnership composed of persons not such residents, having a usual place of business in this state, temporarily or permanently, or engaged here, temporarily or permanently, and with or without a usual place of business here, in the construction, erection, alteration, or repair of a building, bridge, railroad, railway, or structure of any kind, shall, before carrying on business in this state, file in the office of the secretary of state a written power appointing some competent person resident in this state as his or her or its attorney with authority to accept service of process against the individual or partnership in this state, containing an agreement on the part of the maker that the service of any lawful process in this state on the attorney shall be of the same force and validity as service on the individual or partnership; and providing, that, in case of garnishment, when the fees therefor shall have been paid or tendered, the attorney may make the affidavit required by law in such cases.
History of Section.
P.L. 1930, ch. 1614, § 1; G.L. 1938, ch. 516, § 1; G.L. 1956, § 9-5-29.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-30. - Replacement of attorney for nonresident — Revocation of power.

§ 9-5-30. Replacement of attorney for nonresident — Revocation of power.
If resident attorney, as provided in § 9-5-29, shall die, resign, or remove from the state, the individual or partnership shall forthwith file with the secretary of state a further similar written power appointing some other competent resident in this state as his or her or its attorney for the purpose as provided in § 9-5-29. No power of attorney required to be filed by § 9-5-29 shall be revoked until after a like power shall have been given to some other competent person resident in this state and filed. Any such individual or partnership which has ceased to have a usual place of business in this state or to be engaged in this state in the construction, erection, alteration, or repair of a building, bridge, railroad, railway, or structure of any kind, may, however, revoke the power of attorney by a written instrument of revocation filed in the office of the secretary of state; but no such revocation shall be effective as to any liability arising out of any act or omission occurring prior to the time when the individual or partnership ceased to have a usual place of business in this state or to be engaged here.
History of Section.
P.L. 1930, ch. 1614, § 1; G.L. 1938, ch. 516, § 1; G.L. 1956, § 9-5-30; P.L. 1997, ch. 326, § 18.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-31. - Filing fee for power of attorney.

§ 9-5-31. Filing fee for power of attorney.
A fee of five dollars ($5.00) shall be paid to the secretary of state, for the use of the state, upon the filing in his or her office of any paper required to be filed by §§ 9-5-29 — 9-5-32.
History of Section.
P.L. 1930, ch. 1614, § 2; G.L. 1938, ch. 516, § 2; G.L. 1956, § 9-5-31.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-32. - Notice to nonresident to appoint attorney — Agents for noncomplying persons.

§ 9-5-32. Notice to nonresident to appoint attorney — Agents for noncomplying persons.
Every individual or partnership required by §§ 9-5-29 — 9-5-31 to file a power of attorney and failing so to do shall be notified by the secretary of state, upon information and request by any resident of this state, of the requirements of §§ 9-5-29 — 9-5-32; and every person who acts within the state as agent of any such individual or partnership which fails, after receipt of the notice from the secretary of state, to file the power shall for such failure be liable to a penalty of ten dollars ($10.00) for each day during which the person has so acted after the receipt of the notice by the individual or partnership.
History of Section.
P.L. 1930, ch. 1614, § 3; G.L. 1938, ch. 516, § 3; G.L. 1956, § 9-5-32.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-33. - Jurisdiction over foreign corporations and over nonresident individuals, partnerships, or associations.

§ 9-5-33. Jurisdiction over foreign corporations and over nonresident individuals, partnerships, or associations.
(a)
Every foreign corporation, every individual not a resident of this state or his or her executor or administrator, and every partnership or association, composed of any person or persons not such residents, that shall have the necessary minimum contacts with the state of Rhode Island, shall be subject to the jurisdiction of the state of Rhode Island, and the courts of this state shall hold such foreign corporations and such nonresident individuals or their executors or administrators, and such partnerships or associations amenable to suit in Rhode Island in every case not contrary to the provisions of the constitution or laws of the United States.
(b)
Service of process may be made on any such foreign corporation, nonresident individual or his or her executor or administrator, and such partnership or association within or without the state in the manner provided by any applicable procedural rule or in the manner prescribed by order of the court in which the action is brought.
(c)
Nothing herein shall limit or affect the right to serve process upon the nonresident individual or his or her executor or administrator, or the partnership or association, or a foreign corporation within this state or without this state in any manner now or hereafter permitted by law.
History of Section.
P.L. 1960, ch. 124, § 1; P.L. 1965, ch. 55, § 13; P.L. 1966, ch. 1, § 7.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-34. - Appointment of attorney by foreign corporations.

§ 9-5-34. Appointment of attorney by foreign corporations.
Every foreign corporation that manufactures products that are sold in the state shall file in the office of the secretary of state a written power appointing some competent person resident in this state as its attorney with authority to accept service of process against the corporation in the state, containing an agreement on the part of the maker that the service of any lawful process in this state on the attorney shall be of the same force and validity as service on the corporation; provided, however, that in case no written power appointing an attorney for service for the foreign corporation is filed, then the secretary of state shall be the attorney for service for the foreign corporation.
History of Section.
P.L. 1981, ch. 52, § 1.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-5 - Writs, Summons and Process › Section 9-5-35. - Service of court papers at work.

§ 9-5-35. Service of court papers at work.
No employer within this state is permitted to refuse or obstruct the service of any court process upon an employee at the place of employment and such service shall not be grounds for dismissal of the employee. The employer may designate an area where the service may be effected.
History of Section.
P.L. 1985, ch. 89, § 1.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-6 - Pleadings › Section 9-6-1, 9-6-2. - Repealed.

§ 9-6-1, 9-6-2. Repealed.
History of Section.
C.P.A. 1905, § 292; G.L. 1909, ch. 288, § 9; G.L. 1923, ch. 338, § 9; G.L. 1938, ch. 517, § 1; G.L. 1956, §§ 9-6-1, 9-6-2; Repealed by P.L. 1965, ch. 55, § 15, effective January 10, 1966. For form of complaint on account in superior court see Super. Ct. R. Civ. P. Rules, Form 4. For form of complaint in district court, see Dist. Ct. R. Civ. P. Rules, Form 3-A.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-6 - Pleadings › Section 9-6-3. - Formal defects to be disregarded.

§ 9-6-3. Formal defects to be disregarded.
No summons, writ, complaint, return, process, judgment, or other proceeding in civil causes in any court shall be abated, arrested, quashed, or reversed for any defect or want of form, but the court shall proceed and give judgment according as the right of the cause and matter in law shall appear unto it, without regarding any imperfections, defects, or want of form in the writ, pleading, return, process, judgment, or proceeding whatsoever.
History of Section.
C.P.A. 1905, § 260; G.L. 1909, ch. 285, § 3; G.L. 1923, ch. 335, § 3; G.L. 1938, ch. 519, § 1; G.L. 1956, § 9-6-3.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-6 - Pleadings › Section 9-6-4 - — 9-6-8. Repealed.

§ 9-6-4 — 9-6-8. Repealed.
History of Section.
C.P.A. 1905, §§ 285, 287, 301, 302; G.L. 1909, ch. 288, §§ 1, 3, 18, 19; G.L. 1923, ch. 338, §§ 1, 3, 18, 19; G.L. 1938, ch. 520, §§ 1, 3; G.L. 1938, ch. 522, §§ 1, 2; Repealed by P.L. 1965, ch. 55, § 15, effective January 10, 1966. After such date demurrers are not to be used, see Super. Ct. R. Civ. P. Rule 7(c) and District Court Civil Rule 7(d). For method of making objections in superior court, see Super. Ct. R. Civ. P. Rule 12. For method of making objections in district court, see District Court Civil Rule 12.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-6 - Pleadings › Section 9-6-9. - Truth as defense to libel or slander.

§ 9-6-9. Truth as defense to libel or slander.
In every action or proceeding, civil or criminal, for libel or slander, the defendant may, with his or her plea of not guilty or his answer, file a written notice that he or she will prove the truth of the publication charged as libelous, or of the words charged as slanderous, and in such case may, upon the trial, give the truth in evidence, without any special plea of justification or affirmative defense in his or her answer; and the truth, unless published or uttered from malicious motives, shall be sufficient defense to the person charged.
History of Section.
C.P.A. 1905, § 286; G.L. 1909, ch. 288, § 2; G.L. 1923, ch. 338, § 2; G.L. 1938, ch. 520, § 2; G.L. 1956, § 9-6-9; P.L. 1965, ch. 55, § 16.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-6 - Pleadings › Section 9-6-10. - Repealed.

§ 9-6-10. Repealed.
History of Section.
C.P.A. 1905, § 288; G.L. 1909, ch. 288, § 4; G.L. 1923, ch. 338, § 4; G.L. 1938, ch. 520, § 4; G.L. 1956, § 9-6-10; Repealed by P.L. 1965, ch. 55, § 15, effective January 10, 1966. For practice after such date in pleading payment or other affirmative defenses in the superior and district courts, see Super. Ct. R. Civ. P. Rule 8(c) and Dist. Ct. R. Civ. P. Rule 8(c).
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-6 - Pleadings › Section 9-6-11. - Substantial performance as defense to action on bond.

§ 9-6-11. Substantial performance as defense to action on bond.
Whenever any action shall be brought upon any bond which has a condition of defeasance to make void the bond upon the payment of a less sum at a day or place certain, if the obligor, his or her heirs, executors, or administrators have, before the action brought, paid to the obligee, his or her heirs, executors, or administrators the principal and interest due by the defeasance or condition of the bond, although the payment was not made strictly according to the condition or defeasance, yet it may, nevertheless, be pleaded in defense of the action, and shall be as effectual a bar thereof as if the money had been paid at the day and place, according to the condition or defeasance, and had been so pleaded.
History of Section.
C.P.A. 1905, § 289; G.L. 1909, ch. 288, § 5; G.L. 1923, ch. 338, § 5; G.L. 1938, ch. 520, § 5; G.L. 1956, § 9-6-11; P.L. 1965, ch. 55, § 16.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-6 - Pleadings › Section 9-6-12, 9-6-13. - Repealed.

§ 9-6-12, 9-6-13. Repealed.
History of Section.
C.P.A. 1905, §§ 290, 291; G.L. 1909, ch. 288, §§ 6, 7; G.L. 1923, ch. 338, §§ 6, 7; G.L. 1938, ch. 520, §§ 6, 7; G.L. 1956, §§ 9-6-12, 9-6-13; Repealed by P.L. 1965, ch. 55, § 15, effective January 10, 1966. For procedure for offer of judgment, see Super. Ct. R. Civ. P. Rule 68 and Dist. Ct. R. Civ. P. Rule 68.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-6 - Pleadings › Section 9-6-14. - Tender unimpaired by demand for receipt.

§ 9-6-14. Tender unimpaired by demand for receipt.
The requirement or demand of a receipt for the amount of lawful money as may be offered or tendered shall not prevent the offer or tender from being regarded or held to be a legal tender.
History of Section.
P.L. 1904, ch. 1151, § 1; G.L. 1909, ch. 288, § 8; G.L. 1923, ch. 338, § 8; G.L. 1938, ch. 520, § 8; G.L. 1956, § 9-6-14.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-6 - Pleadings › Section 9-6-15. - Pleading of equitable defense in district courts.

§ 9-6-15. Pleading of equitable defense in district courts.
In any action at law, pending in a district court, the plaintiff or the defendant may plead any equitable defense, upon which an unconditional judgment can be rendered for the party pleading the defense.
History of Section.
C.P.A. 1905, § 242; G.L. 1909, ch. 283, § 22; G.L. 1923, ch. 333, § 22; G.L. 1938, ch. 520, § 9; G.L. 1956, § 9-6-15; P.L. 1965, ch. 55, § 16.