reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8 - District Court › Section 8-8-12. - Duties of chief judge.

§ 8-8-12. Duties of chief judge.
(a)
The chief judge shall be the administrative head of the district court and shall be responsible for its operation and the efficient use of its manpower. To this end he or she shall:
(1)
Hold court in any division when he or she deems it necessary;
(2)
Assign judges to hold court in the various divisions;
(3)
Designate the place or places for holding court in each division;
(4)
Fix the time for holding court in each division and supervise the calendars;
(5)
Report annually to the chief justice of the supreme court on the state of the business of the district court;
(6)
Supervise the collection and publication of statistics pertaining to the court;
(7)
Supervise the management of the records of the court;
(8)
Determine the time of vacations to be taken by the district judges;
(9)
Preside over the district court conference and designate the time and place that it shall be held;
(10)
Promulgate rules and regulations relating to:
(i)
The licensing of constables to serve certain district court civil process; and
(ii)
The duties and conduct of licensed constables.
(b)
The chief judge of the district court may designate an associate judge of the district court as administrative judge of the district court. The administrative judge may exercise such administrative authority as may be delegated to him or her by the chief judge. The administrative judge shall receive an increase in compensation which shall be set pursuant to § 8-15-4.
(c)
The chief judge of the district court shall appoint sufficient court recorders to enable all proceedings to be recorded by electronic means and who shall assist in such other clerical duties subject to the labor laws of this state and applicable collective bargaining agreement as may be prescribed from time to time by the chief judge of the district court.
History of Section.
P.L. 1969, ch. 239, § 4; P.L. 1971, ch. 183, § 4; P.L. 1982, ch. 259, § 1; P.L. 1999, ch. 218, art. 5, § 5; P.L. 2005, ch. 117, art. 25, § 1; P.L. 2007, ch. 154, § 1; P.L. 2007, ch. 160, § 1; P.L. 2008, ch. 1, § 3; P.L. 2012, ch. 415, § 11.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8 - District Court › Section 8-8-12.1. - Constable regulation program.

§ 8-8-12.1. Constable regulation program.
(a) Creation of program.
There is hereby created “the district court constable regulation program” which shall be administered under the direction of the chief judge of the district court.
(b) Revenues.
The annual license renewal fee assessed to each district court constable shall be set from time to time by the chief judge. The revenues shall be deposited as general revenues.
History of Section.
P.L. 1989, ch. 160, § 1; P.L. 1995, ch. 370, art. 40, § 38.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8 - District Court › Section 8-8-13. - Sessions of the court.

§ 8-8-13. Sessions of the court.
The district court shall be in continuous session for the transaction of any business that may come before it; provided, however, that the court shall not be in session on Sundays and legal holidays for the transaction of civil business.
History of Section.
P.L. 1969, ch. 239, § 4.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8 - District Court › Section 8-8-14. - [Repealed.]

§ 8-8-14. [Repealed.]
History of Section.
P.L. 1969, ch. 239, § 4. Repealed by P.L. 2015, ch. 38, § 1, effective May 21, 2015; P.L. 2015, ch. 40, § 1, effective May 21, 2015.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8 - District Court › Section 8-8-15. - Chief, deputy, and assistant clerks.

§ 8-8-15. Chief, deputy, and assistant clerks.
(a)
There shall be a chief clerk of the district court. In the month of April of 1971 and in each fifth year thereafter, the chief judge of the district court, with the advice and consent of the senate, shall appoint the chief clerk of the district court who shall hold office until the first day in April in the fifth year next after his or her appointment and until his or her successor is appointed and qualified. In case of a vacancy in the office of clerk of the district court, from any cause, the chief judge of the district court, with the advice and consent of the senate, shall appoint some person to fill the vacancy for the balance of the unexpired term and until his or her successor is appointed and qualified. In case of the death, resignation, absence, inability, or refusal to serve of the clerk, the chief judge may appoint a clerk pro tempore, who shall hold his or her office until the clerk shall have returned or the inability shall have been removed or another clerk shall have been appointed to fill such a vacancy and shall have qualified.
(b)
The chief judge of the district court shall appoint a deputy clerk for each division and assistant clerks in the various divisions of the district court to serve at his or her pleasure. All such clerks and the chief clerk may administer oaths within the state.
(c)
The clerks of the court shall devote their full time to their duties. They are not required to be members of the bar of this state, but if a member of the bar of this state is appointed a clerk, he or she shall not practice law during his or her term in office nor shall he or she be a partner or associate of any person engaged in the practice of law.
(d)
The chief judge of the district court shall have the power to authorize, with the power to revoke such authorizations, the chief clerk, the deputy clerks, and the assistant clerks of the district court to set and take bail on all complaints bailable before a division of the district court to the same extent and with the same authority as is granted to justices of the peace authorized to set and take bail by § 12-10-2. The authorizations and revocations shall be recorded with the secretary of state. District court clerks may exercise the authority granted by the chief judge under this section only during the normal working hours of the clerk’s office to which they are assigned. This authority shall be exercised without fee.
History of Section.
P.L. 1969, ch. 239, § 4; P.L. 1971, ch. 121, § 1; P.L. 1973, ch. 47, § 1; P.L. 1979, ch. 396, § 1; P.L. 1981, ch. 56, § 1; P.L. 1990, ch. 172, § 1; P.L. 2005, ch. 10, § 2; P.L. 2005, ch. 21, § 2.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8 - District Court › Section 8-8-16. - Duties of district court clerks.

§ 8-8-16. Duties of district court clerks.
Every clerk of the district court shall record reasonably the judgments and determinations of the court, and account with the state controller and pay over to the general treasurer, as often as by law required, all fines, costs, and other money received by him or her, and also account with and pay over to the town treasurers of the towns in his or her division, as often as by law required, all fines and other money received by him or her belonging to or payable to the town.
History of Section.
P.L. 1969, ch. 239, § 4; P.L. 1980, ch. 96, § 3.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8 - District Court › Section 8-8-16.1. - Office of clerk/magistrate — Purpose.

§ 8-8-16.1. Office of clerk/magistrate — Purpose.
The general assembly hereby finds that there exists a need to further expand the capability of the district court to effectively and expeditiously collect all fines, fees, and costs due to the state, consistent with principles of fairness and due process. Therefore, the general assembly hereby creates the position of district court clerk/magistrate.
History of Section.
P.L. 1997, ch. 173, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8 - District Court › Section 8-8-17. - Duties of division clerks.

§ 8-8-17. Duties of division clerks.
The clerk of each division of the district court shall:
(1)
Keep a docket, and an alphabetical index thereof, either in writing or by means of an electronic information storage system or other data compilation system, of all actions, complaints, or proceedings, either of a civil or criminal nature, that may be entered or had in the division, and shall note in the docket against each case the decision or determination thereof, all subsequent proceedings, and the judgment therein, and, in all criminal cases, the fines or imprisonment to which the defendant may be sentenced.
(2)
Record the decisions, judgments, and proceedings of the division in a book to be kept for that purpose or in an electronic information storage system or any other data compilation system.
(3)
Tax costs, including officer’s fees, in all cases, civil or criminal, that may be entered, commenced, or pending in the division; all taxation by the clerk shall be subject to revision by any district judge sitting in the division.
(4)
Receive all fines and costs in criminal cases and all court fees in civil cases and account therefor as by law required.
(5)
Have custody of the seal of the division.
History of Section.
P.L. 1969, ch. 239, § 4; P.L. 1989, ch. 202, § 2.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8 - District Court › Section 8-8-18. - Failure of clerk to account for fines and costs.

§ 8-8-18. Failure of clerk to account for fines and costs.
For any willful neglect or refusal of the clerk of the district court to account or for any willful neglect or refusal of any clerk of the district court to pay over all fines and costs received by him or her, he or she shall be fined fifty dollars ($50.00) for each offense and also double the amount of fines and costs received by him or her and so detained.
History of Section.
P.L. 1969, ch. 239, § 4.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8 - District Court › Section 8-8-19. - Duties of chief clerk.

§ 8-8-19. Duties of chief clerk.
The chief clerk shall have general supervisory power over the clerks of the court and shall be responsible to the chief judge for the proper and efficient operation of their offices. To that end he or she shall:
(1)
Temporarily transfer clerks to other divisions outside of their own when he or she deems it necessary. Such transfers shall be subject to the approval of the chief judge.
(2)
Procure all necessary papers, books, and other documents as the state controller or as the chief judge may direct, upon which the clerks shall keep their records and make their reports and returns.
(3)
Systematize record keeping throughout the divisions.
(4)
Gather such statistics as the chief judge shall direct.
History of Section.
P.L. 1969, ch. 239, § 4.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8 - District Court › Section 8-8-20. - Sale of blank writs prohibited.

§ 8-8-20. Sale of blank writs prohibited.
No judge or clerk of the district court shall sell any blank writ officially signed by him or her to any person except an attorney at law or deliver to any person other than an attorney at law any such writ with permission, in the absence of the judge or clerk to fill or cause the writ to be filled, under a penalty of ten dollars ($10.00) for each offense and ineligibility to serve as a judge or clerk of the district court after conviction.
History of Section.
P.L. 1969, ch. 239, § 4.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8 - District Court › Section 8-8-21. - District court conference.

§ 8-8-21. District court conference.
There shall be a district court conference held annually, or more often, at such time and place as shall be designated by the chief judge. This conference shall consist of all the judges of the district court. The chief judge shall preside and the chief clerk shall act as secretary of the conference. The attorney general, or one of his or her assistants, shall attend to aid and advise the conference. The conference shall, with the concurrence of the chief judge, have power to direct in what manner and to what extent entries shall be made of the decisions, judgments, and proceedings of the district court. To the end that the work of the district court shall be efficiently and expeditiously transacted it shall give attention to all matters believed helpful to that end and shall make recommendations regarding procedure and other matters pertaining to the court.
History of Section.
P.L. 1969, ch. 239, § 4.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8 - District Court › Section 8-8-22. - Statutory references to earlier courts.

§ 8-8-22. Statutory references to earlier courts.
Whenever in any statute reference is made to justice courts, trial justices or clerks of the justice courts of the different cities and towns, district courts, justices of district courts, and clerks of district courts, that statute shall be taken and construed to refer to the district court created by this chapter and its judges and clerks. Whenever in any statute reference is made to a particular predecessor court, that statute shall be taken and construed to refer to the division of the district court which embraces the territory of the predecessor court.
History of Section.
P.L. 1969, ch. 239, § 4.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8 - District Court › Section 8-8-23. - Savings clause.

§ 8-8-23. Savings clause.
The divisions of the district court established in § 8-8-2 shall have custody of all records, books, and papers of the district court of the several judicial districts heretofore existing within their respective geographical limits. All civil actions and criminal proceedings and processes pending in the district courts of the several judicial districts heretofore existing and all writs issued out of and returnable to those courts shall continue with the same force and effect in the district court established by this chapter, within its respective divisions; and all rights and liabilities of the parties to such civil actions and criminal proceedings and processes commenced prior to September 15, 1969, including costs of appeal, shall continue in full force and effect.
History of Section.
P.L. 1969, ch. 239, § 4.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8 - District Court › Section 8-8-24. - Tax proceedings to be without jury and de novo — Precedence on calendar.

§ 8-8-24. Tax proceedings to be without jury and de novo — Precedence on calendar.
Each appeal of a final decision of the tax administrator concerning an assessment, deficiency, or otherwise shall be an original, independent proceeding in the nature of a suit in equity to set aside the final decision and shall be tried de novo and without a jury. Every such matter shall have precedence over all other civil cases on the calendar on the date to which it is assigned for trial and shall continue to have precedence on the calendar on a day-to-day basis until it is heard.
History of Section.
P.L. 1984, ch. 183, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8 - District Court › Section 8-8-25. - Time for commencement of proceeding against the division of taxation.

§ 8-8-25. Time for commencement of proceeding against the division of taxation.
(a)
Any taxpayer aggrieved by a final decision of the tax administrator concerning an assessment, deficiency, or otherwise may file a complaint for redetermination of the assessment, deficiency, or otherwise in the court as provided by statute under title 44.
(b)
The complaint shall be filed within thirty (30) days after the mailing of notice of the final decision and shall set forth the reasons why the final decision is alleged to be erroneous and praying relief therefrom. The clerk of the court shall thereupon summon the division of taxation to answer the complaint.
History of Section.
P.L. 1984, ch. 183, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8 - District Court › Section 8-8-26. - Prepayment as condition precedent to review of tax case.

§ 8-8-26. Prepayment as condition precedent to review of tax case.
A taxpayer’s right to file a complaint pursuant to § 8-8-25 for review of a final decision of the tax administrator ordering an assessment, deficiency, or otherwise shall be conditional upon prepayment of all taxes, interest, and penalties set forth in the assessment, deficiency, or otherwise; provided, however, that in lieu of the prepayment, the taxpayer may file together with his or her complaint a motion for an exemption from the prepayment requirement. The taxpayer shall set the motion down for hearing within twenty (20) days after the answer to the complaint is filed; otherwise, the motion shall be deemed to be denied. The court shall grant the motion if it determines both: (1) that the taxpayer has a reasonable probability of success on the merits; and (2) that the taxpayer is unable to prepay all taxes, interest, and penalties set forth in the assessment, deficiency, or otherwise. In making its determination on the issue of ability to prepay, the court shall consider not only the taxpayer’s own financial resources but also the ability of the taxpayer to borrow the required funds. If the motion is denied, the taxpayer shall make prepayment within thirty (30) days of the entry of the court’s order denying the motion; otherwise, the complaint shall be dismissed upon motion of the tax administrator.
History of Section.
P.L. 1984, ch. 183, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8 - District Court › Section 8-8-27. - Refund suits.

§ 8-8-27. Refund suits.
(a)
Any taxpayer may bring an action for a refund of taxes previously overpaid. The suit for refund may not be brought prior to the date of a final determination by the tax administrator denying the claim for refund. No action for a refund of tax shall be brought after the expiration of thirty (30) days from a notice of final determination of the tax administrator denying the claimed refund.
(b)
As used in this section and § 8-8-28, “tax” includes any surcharge imposed under § 1-6-2, and “taxpayer” includes an operator as defined in § 1-6-1.
History of Section.
P.L. 1984, ch. 183, § 1; P.L. 2002, ch. 424, § 3.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8 - District Court › Section 8-8-28. - Burden of proof in tax cases.

§ 8-8-28. Burden of proof in tax cases.
In all tax cases before the court, and upon appeal therefrom, a preponderance of the evidence shall suffice to sustain the burden of proof. The burden of proof shall fall upon the party seeking affirmative relief and the burden of going forward with the evidence shall shift as in other civil litigation. In any proceedings in which the division of taxation alleges fraud or an exception to the normal statute of limitations on assessment, the burden of proof in respect of that issue shall be upon the division of taxation. To be sustained on the issue of fraud, the division of taxation must sustain a burden of clear and convincing proof.
History of Section.
P.L. 1984, ch. 183, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8 - District Court › Section 8-8-29. - Court stenographer in tax cases.

§ 8-8-29. Court stenographer in tax cases.
Any party may obtain the services of a court stenographer in the district court in a tax case, and that party shall pay all costs of the court stenographer.
History of Section.
P.L. 1984, ch. 183, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8 - District Court › Section 8-8-30. - Decision of the court — Form and contents.

§ 8-8-30. Decision of the court — Form and contents.
The court shall render its decision in writing, including therein a concise statement of the facts found by the court and the conclusions of law reached by the court. The court may affirm, reverse, modify, or remand any determination or shall grant such relief, invoke such other remedies, and issue such orders in accordance with its decision as shall be appropriate in a court of general jurisdiction.
History of Section.
P.L. 1984, ch. 183, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8 - District Court › Section 8-8-31. - Frivolous appeals.

§ 8-8-31. Frivolous appeals.
Whenever it appears to the court that proceedings before it have been instituted by the taxpayer solely for delay and that the taxpayer’s complaint is frivolous and groundless, damages in an amount not in excess of five thousand dollars ($5,000) plus costs may be assessed against the taxpayer by the court.
History of Section.
P.L. 1984, ch. 183, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8 - District Court › Section 8-8-32. - Review by supreme court.

§ 8-8-32. Review by supreme court.
Any party in interest, if aggrieved by a final judgment rendered in proceedings brought under this chapter, may within twenty (20) days from the date of entry of the judgment petition the supreme court of the state of Rhode Island for a writ of certiorari to review any questions of law involved. The petition for writ of certiorari shall set forth the errors claimed. Upon the filing of such a petition with the clerk of the supreme court, the supreme court may, if it sees fit, issue its writ of certiorari to the district court to certify to the supreme court the record of the proceeding under review.
History of Section.
P.L. 1984, ch. 183, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8 - District Court › Section 8-8-33. - Severability.

§ 8-8-33. Severability.
The holding of any section or sections or parts of this chapter to be void, ineffective, or unconstitutional for any cause shall not be deemed to affect any other section or part hereof.
History of Section.
P.L. 2011, ch. 408, § 17; P.L. 2011, ch. 409, § 17.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.1 - Domestic Assault › Section 8-8.1-1. - Definitions.

§ 8-8.1-1. Definitions.
The following words as used in this chapter shall have the following meanings:
(1)
“Cohabitants” means emancipated minors or persons eighteen (18) years of age or older, not related by blood or marriage, who together are not the legal parents of one or more children, and who have resided together within the preceding three (3) years or who are residing in the same living quarters.
(2)
“Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of “course of conduct.”
(3)
“Courts” means the district court.
(4)
“Cyberstalking” means transmitting any communication by computer to any person or causing any person to be contacted for the sole purpose of harassing that person or his or her family.
(5)
“Domestic abuse” means the occurrence of one or more of the following acts between cohabitants or the occurrence of one or more of the following acts between persons who are or have been in a substantive dating or engagement relationship within the past one year; “domestic abuse” shall be determined by the court’s consideration of the following factors:
(i)
The length of time of the relationship;
(ii)
The type of the relationship;
(iii)
The frequency of the interaction between the parties;
(iv)
Attempting to cause or causing physical harm;
(v)
Placing another in fear of imminent serious physical harm;
(vi)
Causing another to engage involuntarily in sexual relations by force, threat of force, or duress; or
(vii)
Stalking or cyberstalking.
(6)
“Harassing” means following a knowing and willful course of conduct directed at a specific person with the intent to seriously alarm, annoy, or bother the person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, or be in fear of bodily injury.
(7)
“Sole legal interest” means defendant has an ownership interest in the residence and plaintiff does not; or defendant’s name is on the lease and plaintiff’s is not.
(8)
“Stalking” means harassing another person or willfully, maliciously, and repeatedly following another person with the intent to place that person in reasonable fear of bodily injury.
History of Section.
P.L. 1985, ch. 492, § 2; P.L. 1988, ch. 539, § 4; P.L. 1990, ch. 390, § 1; P.L. 1994, ch. 313, § 1; P.L. 1997, ch. 326, § 172; P.L. 2001, ch. 259, § 2; P.L. 2006, ch. 324, § 1; P.L. 2006, ch. 652, § 1; P.L. 2012, ch. 415, § 12; P.L. 2021, ch. 111, § 1, effective July 2, 2021; P.L. 2021, ch. 112, § 1, effective July 2, 2021.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.1 - Domestic Assault › Section 8-8.1-2. - Filing of complaint.

§ 8-8.1-2. Filing of complaint.
(a)
Proceedings under this chapter shall be filed, heard, and determined in the district court of the division in which the plaintiff resides. Any proceedings under this chapter shall not preclude any other available civil or criminal remedies. A party filing a complaint under this chapter may do so without payment of any filing fee. If the plaintiff has left the residence or household to avoid abuse, he or she may bring the action in the court of previous residence or the court of present residence. There shall be no minimum residence requirements for the bringing of an action under this chapter.
(b)
Answers to the summons and complaint shall be made within ten (10) days of service upon the defendant and the action shall take precedence on the calendar. If no answer is filed within the time prescribed, judgment shall enter forthwith.
History of Section.
P.L. 1985, ch. 492, § 2; P.L. 1988, ch. 539, § 4.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.1 - Domestic Assault › Section 8-8.1-4. - Temporary orders — Ex parte proceedings.

§ 8-8.1-4. Temporary orders — Ex parte proceedings.
(a)(1)
Upon the filing of a complaint under this chapter, the court may enter any temporary orders that it deems necessary to protect the plaintiff from abuse.
(2)
If it clearly appears from specific facts shown by affidavit that immediate and irreparable injury, loss, or damage will result to the plaintiff, before notice can be served and a hearing held, the court may enter any temporary order without notice that it deems necessary to protect the plaintiff. Every order granted without notice shall expire by its terms within the time after entry, not to exceed twenty-one (21) days, as the court fixes, unless within the time so fixed the order: (i) by consent, or (ii) due to a failure to make service of process upon the defendant despite diligent efforts, or (iii) for good cause shown and after hearing of argument by the parties or counsel, is extended for an additional period. In case a temporary order is granted without notice, the matter shall be set down for hearing within a reasonable time and shall be given precedence over all matters except older matters of the same character, and when the matter comes on for hearing the party who obtained the temporary order shall proceed with the complaint for an order pursuant to § 8-8.1-3, and, if she or he does not do so, the court shall dissolve the temporary order.
(b)(1)(i)
When the court is unavailable after the close of business a complaint may be filed before any available district court judge who may grant relief to the plaintiff under this chapter upon cause shown in an ex parte proceeding.
(ii)
In addition, when there is no district court in session at a location when the family court is in session, the family court judge at that location is authorized to grant relief to the plaintiff under this chapter upon cause shown in an ex parte proceeding.
(2)
No temporary order shall be granted pursuant to the provisions of this section unless it clearly appears from specific facts shown by the affidavit or by verified complaint that immediate and irreparable injury, loss, or damage will result to the plaintiff before notice can be served and a hearing held.
(c)
Any order issued under this section and any documentation in support of an order shall be filed immediately with the clerk of the district court. The filing shall have the effect of commencing proceedings under this chapter and invoking the other provisions of this chapter.
(d)
The clerk of the district court shall have a certified copy of any order issued under this chapter forwarded immediately to the law enforcement agency designated by the plaintiff. The clerk shall also provide the plaintiff with two (2) certified copies of any order issued under this chapter.
History of Section.
P.L. 1985, ch. 492, § 2; P.L. 1988, ch. 539, § 4; P.L. 1989, ch. 78, § 2; P.L. 2000, ch. 71, § 1; P.L. 2000, ch. 198, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.1 - Domestic Assault › Section 8-8.1-4.1. - Report to law enforcement agency.

§ 8-8.1-4.1. Report to law enforcement agency.
Whenever the court grants a temporary order pursuant to § 8-8.1-4 based on a complaint alleging that a minor is suffering from domestic abuse, the court shall ensure that the appropriate law enforcement agency is notified of the complaint.
History of Section.
P.L. 1988, ch. 539, § 3.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.1 - Domestic Assault › Section 8-8.1-4.2. - Return of service — Alternate service.

§ 8-8.1-4.2. Return of service — Alternate service.
(a)
The complaint and any order issued under this chapter shall be personally served upon the defendant by a deputy sheriff or certified constable except as provided in subsections (c), (d), and (f) of this section. Service shall be made without payment of any fee when service is made by a deputy sheriff. At the election of the plaintiff, service pursuant to this subsection may also be made by a certified constable authorized to serve process of the district court pursuant to § 9-5-10.1. The certified constable shall be entitled to receive the fee allowed by law for the service of a district court summons.
(b)
Return of service shall be forwarded by the deputy sheriff or certified constable to the clerk of court prior to the date set down for hearing on the complaint. If service has not been made, the deputy sheriff or certified constable shall indicate on the summons the reason therefor and the attempts made to serve the defendant.
(c)
At the time the return of service is sent to the clerk of the court, the deputy sheriff or certified constable shall cause a copy of the return of service to be sent to the plaintiff and to the appropriate law enforcement agency.
(d)
If, at the time of hearing on the complaint, the court determines that after diligent effort the deputy sheriff or certified constable has been unable to serve the defendant personally, the judge may order an alternate method of service designed to give reasonable notice of the action to the defendant and taking into consideration the plaintiff’s ability to afford the means of service ordered. Alternative service shall include, but not be limited to: service by certified and regular mail at defendant’s last-known address (excluding the residence that he or she has been ordered to vacate) or place of employment; leaving copies at the defendant’s dwelling or usual place of abode with a person of suitable age and discretion residing therein; or by publication in a newspaper for two (2) consecutive weeks. The court shall set a new date for hearing on the complaint and shall extend the temporary order until that date.
(e)
If the defendant appears in person before the court, the necessity for further service is waived and proof of service of that order is not necessary.
(f)
If the defendant is served notice regarding the complaint and hearing, but does not appear at the hearing, the clerk of the district court shall mail the defendant a copy of the resulting order.
History of Section.
P.L. 1988, ch. 539, § 3; P.L. 1989, ch. 77, § 1; P.L. 1994, ch. 313, § 1; P.L. 2012, ch. 324, § 15; P.L. 2015, ch. 260, § 7; P.L. 2015, ch. 275, § 7.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.1 - Domestic Assault › Section 8-8.1-7. - Notice of penalties — Notice of renewal.

§ 8-8.1-7. Notice of penalties — Notice of renewal.
Each protective order issued under this chapter, including a temporary ex-parte order, shall have the following statements printed in bold-faced type or in capital letters:
A PERSON WHO VIOLATES THIS ORDER MAY BE GUILTY OF A MISDEMEANOR AND MAY BE PUNISHED BY A FINE OF AS MUCH AS $1,000 AND/OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE (1) YEAR, AND MAY BE ORDERED TO ATTEND COUNSELING. IF THE VICTIM WANTS THIS ORDER TO CONTINUE BEYOND THE EXPIRATION DATE, THE VICTIM MUST APPLY FOR A RENEWAL OF THE ORDER BEFORE THE EXPIRATION DATE.
History of Section.
P.L. 1985, ch. 492, § 2; P.L. 1988, ch. 539, § 4; P.L. 1989, ch. 162, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.1 - Domestic Assault › Section 8-8.1-8. - Appeal.

§ 8-8.1-8. Appeal.
An order granting relief pursuant to § 8-8.1-3 shall remain in effect during the pendency of the appeal to the superior court unless the order is stayed by a justice of the superior court.
History of Section.
P.L. 1985, ch. 492, § 2; P.L. 1991, ch. 213, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.2 - Traffic Tribunal › Section 8-8.2-3. - Collection authority — Contempt.

§ 8-8.2-3. Collection authority — Contempt.
(a)
A judge or magistrate shall have the authority to enforce the judgments of the tribunal as authorized by law. The procedure for the collection of costs and fines shall generally follow the course of the collection of civil judgments pursuant to chapters 17 and 28 of title 9 to the extent applicable. A judge or magistrate shall not issue a body attachment for any judgment entered prior to the effective date of this section. All peace officers authorized by the law shall exercise the powers of a constable for purposes of making service of any writ or notice issued by the traffic tribunal pursuant to this collection procedure, including the execution of a body attachment. In the event that a body attachment is executed, the detainee must be brought before a judge or magistrate, or if the traffic tribunal is not in session before a justice of the peace authorized pursuant to § 12-10-2 immediately upon detention or as soon thereafter as is reasonably practicable. The amount of fees and fines due to the traffic tribunal shall be noted on a body attachment issued pursuant to this procedure, and a justice of the peace shall accept said monies and order the release of the detainee if the amount due is tendered. If the detainee claims an inability to pay the full amount due, the justice of the peace shall order the release of the detainee pursuant to reasonable bail. The chief magistrate of the traffic tribunal shall issue rules and regulations for the collection process consistent with this section.
(b)
A judge or magistrate of the traffic tribunal may adjudicate a person in willful contempt and order him or her fined up to a maximum of five hundred dollars ($500) for each separate offense. Provided further that, if the judge or magistrate determines that the person is unable to pay the fine or judgment, he or she may order partial payments or establish a payment schedule for the payment of the fine or judgment.
History of Section.
P.L. 1999, ch. 218, art. 4, § 1; P.L. 2007, ch. 73, art. 3, § 8.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.2 - Traffic Tribunal › Section 8-8.2-4. - Subpoena.

§ 8-8.2-4. Subpoena.
(a)
The traffic tribunal through its judges, magistrates and clerks is hereby authorized and empowered to summon defendants and issue subpoenas to the same extent as they may be issued by the district court in civil cases in such forms as may be prescribed by rules promulgated by the chief magistrate of the traffic tribunal pursuant to § 8-6-2.
(b)
Notaries public and justices of the peace may issue subpoenas returnable before the traffic tribunal to the same extent that they are authorized to do so in civil cases pending before the district court.
History of Section.
P.L. 1999, ch. 218, art. 4, § 1; P.L. 2007, ch. 73, art. 3, § 8.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.2 - Traffic Tribunal › Section 8-8.2-5. - Security officers — Powers.

§ 8-8.2-5. Security officers — Powers.
(a)
All full time security officers employed by the traffic tribunal shall have the same immunities and may exercise all powers of sheriffs, city and town police officers, and constables when the security officers are enforcing the laws of this state, and all rules and regulations of the traffic tribunal upon the lands and buildings owned or occupied by the traffic tribunal upon streets and highways immediately adjacent to those lands or when in attendance with a judge or magistrate.
(b)
All security officers shall be required to attend the Rhode Island municipal police academy for a period of forty (40) hours for the purpose of training in law enforcement.
(c)
When any person is suspected of having committed a felony the superintendent of state police shall be notified following the suspected felon’s arrest.
(d)
When acting as a constable with the authorization of the Chief Magistrate, he or she may exercise all powers under Rhode Island §§ 8-8-12(10) and 8-8-23.
History of Section.
P.L. 1999, ch. 218, art. 4, § 1; P.L. 2001, ch. 187, § 1; P.L. 2001, ch. 405, § 1; P.L. 2007, ch. 73, art. 3, § 8.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.2 - Traffic Tribunal › Section 8-8.2-6. - Retirement of judges on reduced pay.

§ 8-8.2-6. Retirement of judges on reduced pay.
(a)
Whenever any person engaged as a judge on or before July 2, 1997, has served as a judge of the administrative adjudication court or as a judge of the administrative adjudication court who is reassigned by this chapter to the traffic tribunal for twenty (20) years, or has so served for ten (10) years and has reached the age of sixty five (65) years, the judge may retire from active service and, thereafter, the judge shall receive annually during life a sum equal to three fourths (¾) of the annual salary that the judge was receiving at the time of retirement; provided, however, any person who has served for twenty (20) years and has reached the age of sixty five (65) years, or has so served for fifteen (15) years and reached the age of seventy (70) years, may retired from active service and, thereafter, the judge shall receive annually during his or her life a sum equal to the annual salary he or she was receiving at the time of his or her retirement. In determining eligibility under this section, any judge who has served within the judiciary or as a hearing officer or administrative law judge, may include such service as if the service had been on the administrative adjudication court and shall be included under the provisions of § 36-9-5. Whenever a judge or magistrate shall be granted a leave of absence without pay, such absence shall not be credited towards active service time for the purposes of retirement.
(b)
Any judge who shall retire in accordance with the provisions of this section may at his or her request, and at the direction of the chief justice of the supreme court subject to the retiree’s physical and mental competence, be assigned to perform such services as a judge or magistrate in the traffic tribunal as the chief magistrate of the traffic tribunal or the chief justice shall prescribe. When so assigned and performing that service, he or she shall have all the powers and authority of a judge or magistrate. A retired judge shall not be counted in the number of magistrates provided by law for the traffic tribunal nor shall he or she receive any further emolument other than his or her retirement pay for the performance of the aforesaid services.
History of Section.
P.L. 1999, ch. 218, art. 4, § 1; P.L. 2007, ch. 73, art. 3, § 8; P.L. 2007, ch. 126, § 2; P.L. 2007, ch. 179, § 2.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.2 - Traffic Tribunal › Section 8-8.2-8. - State contributions.

§ 8-8.2-8. State contributions.
The state of Rhode Island shall make its contribution for maintaining the system established by § 8-8.2-7 and providing the annuities, benefits, and retirement allowances in accordance with the provisions of this chapter by annually appropriating an amount that will pay a rate percent of the compensation paid after December 31, 1989, to judges of the administrative adjudication court engaged after December 31, 1989, who are reassigned by this chapter to the traffic tribunal. The rate percent shall be computed and certified in accordance with the procedures set forth in § 36-8-13 and § 36-10-2 under rules and regulations promulgated by the retirement board pursuant to § 36-8-3 and shall be transmitted on the date contributions are withheld but no later than three (3) business days following the pay period ending in which contributions were withheld.
History of Section.
P.L. 1999, ch. 218, art. 4, § 1; P.L. 2019, ch. 205, § 3; P.L. 2019, ch. 271, § 3.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.2 - Traffic Tribunal › Section 8-8.2-9. - Retirement of judges on reduced pay.

§ 8-8.2-9. Retirement of judges on reduced pay.
(a)
Whenever any person first engaged as a judge subsequent to July 2, 1997, has served as a judge of the administrative adjudication court or as a judge of the administrative adjudication court who is reassigned by this chapter to the traffic tribunal for twenty (20) years, or has so served for ten (10) years and has reached the age of sixty five (65) years, the judge may retire from active service and, thereafter, the judge shall receive annually during life a sum equal to three fourths (¾) of his or her average highest three (3) consecutive years of compensation; provided, however any such person who has served twenty (20) years and has reached the age sixty five (65) or has served fifteen (15) years and has reached the age of seventy (70) years, may retire from active service and, thereafter, the judge shall receive annually during life a sum equal to his or her average highest three (3) consecutive years of compensation. In determining eligibility under this section, any judge who has served within the judiciary or as a hearing officer or administrative law judge, may include such service as if the service had been on the administrative adjudication court and shall be included under the provision of § 36-9-5. Whenever a justice or magistrate shall be granted a leave of absence without pay, such absence shall not be credited towards active service time for the purposes of retirement.
(b)
Any judge who shall retire in accordance with the provisions of this section may at his or her own request, and at the direction of the chief justice of the supreme court subject to the retiree’s physical and mental competence, be assigned to perform such services as a magistrate in the traffic tribunal as the chief magistrate or chief justice shall prescribe. When so assigned and performing that service, he or she shall have all the powers and authority of a magistrate. A retired judge shall not be counted in the number of magistrates provided by law for the division of traffic adjudication nor shall he or she receive any further emolument other than his or her retirement pay for the performance of the aforesaid services.
History of Section.
P.L. 1999, ch. 218, art. 4, § 1; P.L. 2007, ch. 73, art. 3, § 8; P.L. 2007, ch. 126, § 2; P.L. 2007, ch. 179, § 2.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.2 - Traffic Tribunal › Section 8-8.2-10. - No incremental retirement benefit for temporary service as chief justice, presiding justice or chief judge or chief magistrate.

§ 8-8.2-10. No incremental retirement benefit for temporary service as chief justice, presiding justice or chief judge or chief magistrate.
No increment in salary resulting from any rule or regulation providing for an increment in salary for temporary service as chief justice, presiding justice or chief magistrate shall be construed to add to the annual salary of a judicial officer for purposes of retirement under § 8-8.2-6 or § 8-8.2-9.
History of Section.
P.L. 1999, ch. 218, art. 4, § 1; P.L. 2007, ch. 73, art. 3, § 8; P.L. 2011, ch. 63, § 2; P.L. 2011, ch. 95, § 2.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.2 - Traffic Tribunal › Section 8-8.2-11. - Allowance to surviving spouses or domestic partners of deceased judges.

§ 8-8.2-11. Allowance to surviving spouses or domestic partners of deceased judges.
(a)
Whenever any judge of the administrative adjudication court or any judge of the administrative adjudication court who is reassigned by this chapter to the traffic tribunal dies after retirement or during active service while eligible for retirement, the judge’s surviving spouse or domestic partner shall receive annually thereafter during his or her lifetime and so long as he or she remains unmarried or not in a domestic partnership, an amount equal to one third (⅓) of the annual payment that the administrative judge was receiving by way of salary or retirement pay at the time of his or her death. Whenever a judge of the administrative adjudication court or any judge of the administrative adjudication court who is reassigned by this act to the traffic tribunal shall die without having become eligible to retire under § 8-8.2-6 and has served ten (10) years or more in office, his or her surviving spouse or domestic partner shall receive annually thereafter during the spouse’s or domestic partner’s lifetime and so long as he or she remains unmarried or not in a domestic partnership, one fourth (¼) of the annual salary that the judge was receiving at the time of his or her death.
(b)
Any judge who retires under the provisions of § 8-8.2-6 may at his or her option elect to receive three fourths (¾) of his or her retirement pay, and where the option is exercised by giving the general treasurer notice in writing thereof within two (2) years after the date of his or her retirement, his or her surviving spouse or domestic partner shall receive annually one half (½) of his or her retirement pay during the spouse’s or domestic partner’s lifetime so long as he or she remains unmarried or not in a domestic partnership.
History of Section.
P.L. 1999, ch. 218, art. 4, § 1; P.L. 2007, ch. 510, § 3; P.L. 2012, ch. 415, § 13.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.2 - Traffic Tribunal › Section 8-8.2-13. - Calculation of retirement benefits.

§ 8-8.2-13. Calculation of retirement benefits.
For the purposes of the calculation of retirement benefits, in the event that any judge of the administrative adjudication court or any judge of the administrative adjudication court who has been reassigned to the traffic tribunal by this chapter participates or acquiesces in a state shutdown or in a reduced salary or salary deferral plan consistent with any plan imposed upon or agreed to by other state employees, his or her annual salary shall be calculated as if she or he had not participated or acquiesced in any shutdown or plan.
History of Section.
P.L. 1999, ch. 218, art. 4, § 1.
2023 Rhode Island General Laws › Title 8 - Courts and Civil Procedure – Courts › Chapter 8-8.2 - Traffic Tribunal › Section 8-8.2-14. - Transfer of records and other property.

§ 8-8.2-14. Transfer of records and other property.
All books, papers, records, current appropriations and relevant property necessary for the functioning of the traffic tribunal shall be transferred thereto from the administrative adjudication court.
History of Section.
P.L. 1999, ch. 218, art. 4, § 1.