§ 9-25-9 — § 9-25-9. Form of superior court writs of possession.

Rhode Island § 9-25-9

• Jurisdiction: Rhode Island
• Title 9: COURTS and CIVIL PROCEDURE–PROCEDURE GENERALLY
• Ch. 9-25: Execution

Text

§ 9-25-9. Form of superior court writs of possession.

(a) Writs of possession issuing from the superior court shall be substantially in the following form:

THE STATE OF RHODE ISLAND.

SC.

To the sheriffs of our several counties or to their deputies or to a certified constable,

(SEAL) ........................ ; ........................ ; Greeting:

Whereas .......... of .......... by the consideration of the SUPERIOR COURT holden at .................... did on the .................... day of .................... recover judgment for the possession of .................... with the privileges and appurtenances thereto belonging against .......... of .......... who had unjustly withholden .................... from the possession thereof, and also by the consideration of the same court recovered judgment against the said .................... for the sum of .................... costs of suit, as to us appears of record, whereof execution remains to be done: We command you, therefore, that without delay you cause the said .................... to have possession of and in the said .................... with the privileges and appurtenances thereunto belonging. We also command you that of the goods and chattels and real estate of the said .................... , within your precinct, you cause to be levied and paid to the said .................... the aforesaid sum of .................... , and thereof also to satisfy yourself for your own fees; [and for want of the goods and chattels and real estate of the said .................... to be found in your precinct to satisfy and pay the same as aforesaid, we command you to take the body of the said .................... and .................... commit unto our correctional institution in your precinct, therein to be kept until ....................  pay the full sum above mentioned, with your fees, or until .................... be discharged by the said .................... or otherwise by order of law.]

Hereof fail not, and make true return of this writ and of your doings thereon to our superior court at ............. on the ............. day of ............. A.D. .......... .

Witness, the seal of our superior court at ............. this .......... day of .................... in the year .......... .

, Clerk. 

(b) If an officer, serving an execution issued under this section on a judgment for the plaintiff for possession of land or tenements, removes personal property belonging to a person other than the plaintiff from the land or tenements and places it upon the sidewalk, highway, street, or way on which land or tenements abut, he or she may forthwith and before the expiration of the time limited in any statute or ordinance for the removal of obstructions in the street, remove the personal property and cause it to be stored for the benefit of the owners thereof.

(c) Whoever accepts the personal property on storage from the officer shall have a lien thereon for reasonable storage fees and for reasonable expenses of removing it to the place of storage, but the lien shall not be enforced by sale of the property until the property has been kept on storage for at least thirty (30) days.

(d) If the owner of the property is present and claims it when it is so removed from the land or tenements, the officer shall not remove and store it, and his or her act of placing it upon the sidewalk, highway, street, or way shall be deemed to be the act of the owner, who alone shall be held to answer therefor.

Legislative History

C.P.A. 1905, § 615; G.L. 1909, ch. 303, § 13; G.L. 1923, ch. 353, § 13; G.L. 1938, ch. 552, § 13; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 9-25-9; P.L. 1966, ch. 24, § 1; P.L. 2015, ch. 260, § 11; P.L. 2015, ch. 275, § 11; P.L. 2021, ch. 77, § 8, effective June 23, 2021; P.L. 2021, ch. 78, § 8, effective June 23, 2021.