2013 -- S 0839

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LC02307

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE

     Introduced By: Senators Jabour, Ruggerio, Goldin, Miller, and Goodwin

     Date Introduced: April 04, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 8-8-3 of the General Laws in Chapter 8-8 entitled "District Court"

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is hereby amended to read as follows:

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     8-8-3. Jurisdiction. -- (a) The district court shall have exclusive original jurisdiction of:

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      (1) All civil actions at law, but not causes in equity or those following the course of

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equity except as provided in section 8-8-3.1 and chapter 8.1 of this title, wherein the amount in

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controversy does not exceed five thousand dollars ($5,000);

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      (2) All actions between landlords and tenants pursuant to chapter 18 of title 34 and all

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other actions for possession of premises and estates notwithstanding the provisions of subsection

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(c) of this section;

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      (3) All actions of replevin where the goods and chattels to be replevied are of the value

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of five thousand dollars ($5,000) or less;

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      (4) All violations of minimum housing standards whether established by chapter 24.3 of

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title 45 or by any municipal ordinance, rule, or regulation passed pursuant to the authority granted

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either by chapter 24.2 of title 45 or by special act of the general assembly governing minimum

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housing standards; except that in the event the city of Providence or town of North Providence

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shall by ordinance create a court for the purpose of exercising jurisdiction over violations of

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minimum housing standards, Providence Municipal Zoning Code and the Rhode Island State

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Building Code, chapter 27.3 of title 23, concerning properties which are not owned by the state,

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upon enactment of the ordinance, that court shall have exclusive original jurisdiction of violations

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of the above listed codes and standards as defined herein occurring within the city of Providence

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or the town of North Providence, and the district court shall be without jurisdiction over those

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actions and shall have the same powers as the district court in furtherance of this jurisdiction,

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including, but not limited to, administering oaths, compelling the attendance of witnesses, and

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punishing persons for contempt;

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      (5) All suits and complaints for offenses against the bylaws, ordinances, and regulations

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of cities and towns whether passed by the cities or towns or under the law by the properly

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constituted authorities thereof;

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      (6) All other actions, proceedings, and matters of whatever nature which are or shall be

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declared to be within the jurisdiction of the court by the laws of the state.

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      (b) The district court shall also have any special jurisdiction which is or may be

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conferred by charter or law upon justices of the peace if no special court exists or is created by

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charter or law for that purpose.

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      (c) The district court shall have concurrent original jurisdiction with the superior court of

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all civil actions at law wherein the amount in controversy exceeds the sum of five thousand

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dollars ($5,000) and does not exceed ten thousand dollars ($10,000); provided, however, that in

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any such action, any one or more defendants may in the answer to the complaint demand removal

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of the action to the superior court, in which event the action shall proceed as if it had been filed

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originally in the superior court.

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      (d) The district court shall have special jurisdiction to grant relief as set forth under

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section 15-15-4(b)(1).

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     SECTION 2. Section 45-16-4.3 of the General Laws in Chapter 45-16 entitled "Sergeants

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and Constables" is hereby amended to read as follows:

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     45-16-4.3. Service of process by constables. -- The chief justice of the supreme court,

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and the chief judge of the family and district courts, and the chief judge of a housing court created

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pursuant to subdivision 8-8-3(a)(4), upon application being made by a constable authorized or

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licensed to serve civil process under this chapter, may authorize the constable to serve or execute

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any process or writs issued by or returnable to the court including, but not limited to, executions

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running against the body of a defendant. Upon being so authorized or licensed, the constable shall

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have the power and authority to serve or execute all writs and process which may issue from the

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court in like manner and at fees authorized to deputy sheriffs. Each constable shall at the time of

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licensing or authorization give additional bond with the clerk of the district court in the sum of

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five thousand dollars ($5,000) for the faithful performance of the duties of the office. Any

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appointee serves at the pleasure of the appointing authority.

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     SECTION 3. This act shall take effect upon passage.

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LC02307

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE

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     This act would extend to a housing court established by Providence or North Providence,

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the same powers as the district court in furtherance of jurisdiction. The chief judge of a housing

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court may authorize a constable to serve or execute any process or writs issued or returnable to

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the court.

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     This act would take effect upon passage.

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LC02307

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