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6 R.I. Bar J. 1 (1957-1958)

handle is hein.barjournals/ribj0006 and id is 1 raw text is: 4 j VOL. VI, No. 1 OCTOBER, 1957 SUBSCRIPTION $1.00 Annually Published Monthly October through June Rhode Island's distinguished Sena- tor, Theodore Francis Green, who reached his 90th birthday on October 2, was the guest of honor at the an- nual meeting of the Rhode Island Bar Association held at the Narragansett Hotel on October 7. DISTRICT COURT RULES ROBERT A. COOGAN Administrative Clerk, Judicial Dept. Among the recommendations of the Commission appointed by the Governor in 1952 on the administration of the business of the courts, upon which the Rhode Island Bar Association was re- presented by three of its members, was the recommendation that a District Court Conference be held once a year or oftener at the call of the Administra- tive Judge, consisting of all Judges and Clerks of the District Courts, the Ad- ministrative Judge to preside at this Conference and the Administrative Clerk to act as Secretary. It was suggested that more important than any grant of power to this Con- ference was the fact of making it the business of these courts to come together and consider their problems, and that changes could be made by rules or other- wise. Upon adoption of this recom- mendation the District Court Con- NOTICE The Bar Journal is publishing in this issue a complete copy of the District Court rules, both civil and criminal. It is suggested that Mem- bers of the Bar retain this copy of the Bar Journal, as it is not ex- pected that these rules will be printed or made available to the Bar in any other form. ference has held regular meetings at which subjects of common interest have been discussed. Judicial conferences have proven valuable in other jurisdictions and our District Court Conference has likewise been beneficial in Rhode Island. Its value is not alone in the formal business transacted but in the exchange of ideas that has resulted, all of which tends toward cohesion between these courts. Among the statutory powers of the Conference is that of adopting general rules of procedure for the District Courts with the concurrence of the Ad- ministrative Judge. Certain rules have been adopted pursuant to this author- itv for statewide application, some of which are effective October 1, 1957. While these rules are not extensive, they are significant inasmuch as they establish uniform rules adopted by the District Courts for the first time in their history. It is believed that they will be welcomed by attorneys as clari- fying certain procedures from district to district. The Bar Association through its Journal has been very cooperative in agreeing to publish them in this issue so that attorneys may preserve them for future reference. This cooperation is greatly appreciated by the Presiding Justice, the District Court Judges and Clerks. It again demonstrates the good fortune of the bar in having such a medium to communicate new develop- ments, a service for which the Bar As- sociation is to be highly commended. RULES FOR THE DISTRICT COURTS- STATE OF RHODE ISLAND RULE No. 1 Entry of Writs and Appearance a-The writ with the declaration shall be filed with the Court any time before the Return Day, or on the Return Day before the call of the Docket. (Sec. 9-12-1, G. L. 1956.) Depositing the writ in the mail relying upon delivery before the call of the Docket on the Return Day is not com- pliance with the statute. The writ and declaration must be received by the Court in proper time to constitute proper entry. b-In case the writ and declara- tion are not entered as aforesaid, the same may be entered during the Return Day thereof, and unless otherwise or- dered by the Court, will be continued two weeks by the Clerk (except as to Trespass and Ejectment cases, which will be continued one week), on condi- tion that the defendant be given a late entry notice (substantially in the form approved by the Court and available at the Clerk's office) which said notice shall be served on the defendant in the same manner as is required of an orig- inal writ. Service of the late entry notice shall be made not less than six days before the date to which the case is continued. (Sec. 9-12-2, G. L. 1956.) Said late entry notice with the return of the Officer thereon shall be filed with the Court before the call of the Docket on the day to which said case is con- tinued. In such cases the defendant shall enter his appearance and plead before the close of the session upon the day to which said case was continued. If entry of appearance be made as herein pro- vided the case will be further continued one week for trial. If no entry of ap- pearance be made the case will be defaulted. c.-Writs returnable on a legal holi- day shall not abate but may be entered on the next Court day for civil business with the same effect as if made return- (Continued on Page 7)

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