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2013 -- S 0488 | |
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LC01615 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2013 | |
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A N A C T | |
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RELATING TO COURTS AND CIVIL PROCEDURE - GENERAL POWERS OF SUPREME | |
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AND SUPERIOR COURTS | |
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Introduced By: Senators McCaffrey, and Lynch | |
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Date Introduced: February 28, 2013 | |
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Referred To: Senate Judiciary | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Section 8-6-2 of the General Laws in Chapter 8-6 entitled "General Powers |
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of Supreme and Superior Courts" is hereby amended to read as follows: |
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8-6-2. Rules of practice and procedure. -- (a) The supreme court, the superior court, the |
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family court, |
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members, shall have the power to make rules for regulating practice, procedure, and business |
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therein. The chief magistrate of the traffic tribunal shall have the power to make rules for |
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regulating practice, procedure and business in the traffic tribunal. The rules of the superior, |
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family, district court, workers' compensation court and the traffic tribunal shall be subject to the |
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approval of the supreme court. Such rules, when effective, shall supersede any statutory |
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regulation in conflict therewith. |
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(b) In prescribing such rules, the court shall have regard to the simplification of the |
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system of pleading, practice, and procedure in the courts in which the rules shall apply in order to |
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promote the speedy determination of litigation on the merits; provided, however, that each |
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respective court shall not in the rules of procedure require a party to a civil action to produce |
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either by discovery, motion, to produce or interrogatory an income tax return, W-2 statement, or |
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copies thereof. The rules presently in effect in the courts of the judicial system shall remain and |
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continue in force and effect until revised, amended, repealed, or superseded by rules adopted in |
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accordance with this section. |
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SECTION 2. Section 28-30-12 of the General Laws in Chapter 28-30 entitled "Workers' |
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Compensation Court" is hereby amended to read as follows: |
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28-30-12. Forms -- Rules of procedure. -- The workers' compensation court, with the |
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approval of the supreme court, shall prescribe forms, make suitable orders, and adopt rules of |
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procedure to secure a speedy, efficient, informal, and inexpensive disposition of its proceedings |
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under chapters 29 -- 38 of this title; and in making those orders, the court is not bound by the |
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provisions of the general laws relating to practice. In the absence of those orders, special orders |
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shall be made in each case. The court is authorized to order "last best offer" procedures to apply |
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in its discretion in appropriate cases to encourage resolution of cases. In the event the court orders |
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and implements those procedures in a case, either party's last best offer, if selected by the judge or |
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master, shall be final and binding on the parties. |
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SECTION 3. This act shall take effect upon passage. |
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LC01615 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO COURTS AND CIVIL PROCEDURE - GENERAL POWERS OF SUPREME | |
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AND SUPERIOR COURTS | |
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This act would require the approval of the supreme court of any rules regulating the |
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practice, procedure and business of the workers' compensation court consistent with the |
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procedures in effect for all other courts. |
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This act would take effect upon passage. |
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LC01615 | |
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