| 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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