Chapter 071
2017 -- S 0612
Enacted 06/29/2017

A N   A C T
RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY

Introduced By: Senators McCaffrey, Lombardi, Archambault, Conley, and Nesselbush
Date Introduced: March 15, 2017

It is enacted by the General Assembly as follows:
     SECTION 1. Sections 9-8-3 and 9-8-5 of the General Laws in Chapter 9-8 entitled
"Nonsuit and Discontinuance" are hereby amended to read as follows:
     9-8-3. Dismissal for lack of prosecution.
     (a) The supreme court, the superior court, the family court, or the district court, or the
traffic tribunal, may, at any time, in its discretion, dismiss actions at law and other proceedings
for lack of prosecution which that have been pending for five (5) years or more, after notice and
opportunity for hearing.
     (b) Notice that an action or proceeding will be in order for dismissal on a day certain
shall be given by the moving party (or by the clerk if upon the court's own motion) by mailing
written notice to the attorney of record, or if there is no attorney of record or the attorney has is
deceased, then to the party if his or her address appears in the papers of the case. In the event
there is no attorney of record, or he or she is deceased, and the address of the party is unknown,
notice may be given by insertion of a newspaper advertisement published in a daily newspaper
which that has circulation in the county or district where the action was instituted, at least once.
A certificate of the notice given shall be placed in the papers by the clerk.
     9-8-5. Annual action by court.
     (a) Thereafter, during the first week in February in each year, or as soon as thereafter is
practicable, all actions at law, and other proceedings designated by the respective courts, deemed
by the court to be inactive and then pending in the supreme court, the superior court, the family
court, or the district court, or the traffic tribunal, for five (5) years or more, may be dismissed for
lack of prosecution, without costs. Entries of such dismissals shall be made as of course by the
clerk, upon order of the chief justice, presiding justice, or chief judges, or chief magistrate, of the
respective courts, after notice has been duly given of the date upon which the cases will stand
dismissed. The notice shall be given once a week for two (2) successive weeks at least three (3)
weeks before the date in a newspaper having general circulation in the county or district where
the action is pending.
     (b) Upon the date any party desiring to be heard in opposition to dismissal of a case in
which he or she appears may appear before the respective court (in the superior court before the
presiding justice) and be heard thereon, and the court may in its discretion dismiss or stay
dismissal of the case for such period as it may fix. Extensions of the period may also be granted.
Any adversary party shall not be thereby prevented from making a special motion for dismissal
within the period so fixed or extended.
     SECTION 2. This act shall take effect upon passage.
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LC001818
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