2018 -- H 7468

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LC004475

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- EXECUTION

     Introduced By: Representatives Edwards, Coughlin, Craven, McEntee, and Keable

     Date Introduced: February 07, 2018

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 9-25-15 of the General Laws in Chapter 9-25 entitled "Execution"

is hereby amended to read as follows:

     9-25-15. Cases in which execution may issue against body.

     An execution, original, alias, or pluries, may issue against the body of a defendant not

exempt from arrest in an action which shall have been brought upon a penal statute, or in an

action sounding in tort in which the title to real estate was not in dispute, or against bail in

criminal cases, or whenever the defendant shall have been arrested and held to bail upon a writ of

arrest or writ of mesne process therein, or whenever it shall be made to appear to the court which

rendered the judgment in the action, or to any justice thereof, that the defendant is about to leave

the state without leaving therein sufficient real or personal estate to satisfy the judgment, or that

the defendant has been guilty of fraud in fact involving moral turpitude or intentional wrong

either in contracting the debt for the recovery of which the judgment was rendered or in the

concealment, detention or disposition of his or her property; provided, however, that no

execution, original, alias or pluries, shall issue against the body of a defendant unless so ordered

by a justice of the superior court or a justice of a district court upon the written ex parte motion of

a party named in the action.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- EXECUTION

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     This act would repeal the requirement that a body attachment be issued only upon a

written ex parte motion made to a justice of the superior or district court, made by the party

named in the action.

     This act would take effect upon passage.

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