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