2015 -- H 5871

========

LC001840

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

____________

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE IN PARTICULAR

ACTIONS

     

     Introduced By: Representatives Craven, and Keable

     Date Introduced: March 12, 2015

     Referred To: House Judiciary

     (Judiciary)

It is enacted by the General Assembly as follows:

1

     SECTION 1. Section 10-9.1-9 of the General Laws in Chapter 10-9.1 entitled "Post

2

Conviction Remedy" is hereby amended to read as follows:

3

     10-9.1-9. Appeal. -- A final judgment entered in a proceeding brought under this chapter

4

shall be appealable to the supreme court in the same manner and subject to the same requirements

5

as a final judgment in a civil action. An aggrieved party may seek review of a final judgment

6

entered in a proceeding brought under this chapter by filing a petition for writ of certiorari in

7

accordance with the supreme court rules of appellate procedure within sixty (60) days of the entry

8

of the final judgment.

9

     SECTION 2. This act shall take effect upon passage.

========

LC001840

========

 

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE IN PARTICULAR

ACTIONS

***

1

     This act would provide that supreme court review of final judgments in post conviction

2

relief proceedings be sought by the filing of a petition for writ of certiorari in accordance with the

3

supreme court rules of appellate procedure.

4

     This act would take effect upon passage.

========

LC001840

========

 

LC001840 - Page 2 of 2