Terms Used In Rhode Island General Laws 9-5-15

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • seal: shall be construed to include an impression of the seal made with or without the use of wax or wafer on the paper. See Rhode Island General Laws 43-3-15
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

     

Writs of replevin shall be substantially in the following form:

WRIT OF REPLEVIN.

THE STATE OF RHODE ISLAND.

SC. To the sheriffs of our several counties, their deputies, or to a certified constable,

(SEAL)            Greeting:

We command you that you replevy, if to be found within your precinct, the goods and chattels following, viz.: (Here enumerate and particularly describe them) belonging to ………………………… of ………………………… now taken (detained, or attached as the case may be) by ………. of ………. at ………. in the county of ……………………. and them deliver unto the said ……………………. , provided the same are not taken, attached, or detained upon original writ, mesne process, warrant of distress, or upon execution as the property of the said ………………………… ; and summon the said ……………….. to appear on the return-day hereof (said return-day being the ……………………. day of ………. A.D. 20….. ) in the SUPERIOR COURT to be holden at the county courthouse at ……………………. , to answer unto the said ……………………. in a plea of replevin that the said ……………………. on the …………………….. day of ……………………. at said ……………………. unlawfully, and without justifiable cause, took the goods and chattels of the said …………………….. as aforesaid, and them unlawfully detained unto this day, (or, unlawfully detained the goods and chattels aforesaid, as the case may be) to the damage of the said ……………………. , as he or she says, ……………………. dollars.

Hereof fail not, and make true return of this writ with your doings thereon, together with the bond you shall take of the plaintiff.

Witness, the seal of our superior court, at ………. this ………. day of ……………………. in the year ………

, Clerk.

History of Section.
C.P.A. 1905, § 515; G.L. 1909, ch. 299, § 19; G.L. 1923, ch. 349, § 19; G.L. 1938, ch. 514, § 12; G.L. 1956, § 9-5-15; P.L. 2015, ch. 260, § 8; P.L. 2015, ch. 275, § 8; P.L. 2021, ch. 77, § 5, effective June 23, 2021; P.L. 2021, ch. 78, § 5, effective June 23, 2021.