Chapter 044
2013 -- S 0488
Enacted 05/24/13
A N A C T
RELATING TO
COURTS AND CIVIL PROCEDURE - GENERAL POWERS OF SUPREME AND SUPERIOR COURTS
Introduced By: Senators McCaffrey, and Lynch
Date Introduced: February 28, 2013
It is enacted by the
General Assembly as follows:
SECTION 1. Section 8-6-2 of the General Laws in Chapter 8-6
entitled "General Powers
of Supreme and Superior Courts" is hereby amended
to read as follows:
8-6-2. Rules of
practice and procedure. -- (a) The supreme
court, the superior court, the
family court, and the district court and the
workers' compensation court, by a majority of their
members, shall have the power to make rules for regulating
practice, procedure, and business
therein. The chief magistrate of the traffic tribunal shall
have the power to make rules for
regulating practice, procedure and business in the traffic
tribunal. The rules of the superior,
family, district court, workers' compensation court
and the traffic tribunal shall be subject to the
approval of the supreme court. Such rules, when effective,
shall supersede any statutory
regulation in conflict therewith.
(b) In prescribing such
rules, the court shall have regard to the simplification of the
system of pleading, practice, and procedure in the courts in
which the rules shall apply in order to
promote the speedy determination of litigation on the merits;
provided, however, that each
respective court shall not in the rules of procedure require a
party to a civil action to produce
either by discovery, motion, to produce or
interrogatory an income tax return, W-2 statement, or
copies thereof. The rules presently in effect in the courts
of the judicial system shall remain and
continue in force and effect until revised, amended, repealed,
or superseded by rules adopted in
accordance with this section.
SECTION 2. Section 28-30-12 of the General Laws in Chapter
28-30 entitled "Workers'
28-30-12.
Forms -- Rules of procedure. -- The workers'
compensation court, with the
approval of the supreme court, shall prescribe forms, make suitable orders, and
adopt rules of
procedure to secure a speedy, efficient, informal, and
inexpensive disposition of its proceedings
under chapters 29 -- 38 of this title; and in making those
orders, the court is not bound by the
provisions of the general laws relating to practice. In the
absence of those orders, special orders
shall be made in each case. The court is authorized to
order "last best offer" procedures to apply
in its discretion in appropriate cases to encourage
resolution of cases. In the event the court orders
and implements those procedures in a case, either party's
last best offer, if selected by the judge or
master, shall be final and binding on the parties.
SECTION 3. This act shall take effect upon passage.
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LC01615
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