2013 -- S 0488

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LC01615

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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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

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 8-6-2 of the General Laws in Chapter 8-6 entitled "General Powers

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of Supreme and Superior Courts" is hereby amended to read as follows:

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     8-6-2. Rules of practice and procedure. -- (a) The supreme court, the superior court, the

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family court, and the district court and the workers' compensation court, by a majority of their

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members, shall have the power to make rules for regulating practice, procedure, and business

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therein. The chief magistrate of the traffic tribunal shall have the power to make rules for

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regulating practice, procedure and business in the traffic tribunal. The rules of the superior,

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family, district court, workers' compensation court and the traffic tribunal shall be subject to the

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approval of the supreme court. Such rules, when effective, shall supersede any statutory

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regulation in conflict therewith.

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      (b) In prescribing such rules, the court shall have regard to the simplification of the

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system of pleading, practice, and procedure in the courts in which the rules shall apply in order to

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promote the speedy determination of litigation on the merits; provided, however, that each

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respective court shall not in the rules of procedure require a party to a civil action to produce

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either by discovery, motion, to produce or interrogatory an income tax return, W-2 statement, or

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copies thereof. The rules presently in effect in the courts of the judicial system shall remain and

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continue in force and effect until revised, amended, repealed, or superseded by rules adopted in

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accordance with this section.

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     SECTION 2. Section 28-30-12 of the General Laws in Chapter 28-30 entitled "Workers'

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Compensation Court" is hereby amended to read as follows:

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     28-30-12. Forms -- Rules of procedure. -- The workers' compensation court, with the

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approval of the supreme court, shall prescribe forms, make suitable orders, and adopt rules of

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procedure to secure a speedy, efficient, informal, and inexpensive disposition of its proceedings

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under chapters 29 -- 38 of this title; and in making those orders, the court is not bound by the

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provisions of the general laws relating to practice. In the absence of those orders, special orders

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shall be made in each case. The court is authorized to order "last best offer" procedures to apply

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in its discretion in appropriate cases to encourage resolution of cases. In the event the court orders

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and implements those procedures in a case, either party's last best offer, if selected by the judge or

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master, shall be final and binding on the parties.

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     SECTION 3. This act shall take effect upon passage.

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LC01615

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - GENERAL POWERS OF SUPREME

AND SUPERIOR COURTS

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     This act would require the approval of the supreme court of any rules regulating the

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practice, procedure and business of the workers' compensation court consistent with the

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procedures in effect for all other courts.

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     This act would take effect upon passage.

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LC01615

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