Rhode Island General Laws 34-19-6. Judgment and writ of restitution
Upon the return of verdict for the complainant, the court shall enter up judgment that the complainant have restitution of the premises, with all costs, to be taxed by the court, and shall award a writ of restitution and for costs against the party complained of, in the form following:
THE STATE OF RHODE ISLAND.
SC.
(SEAL) To the sheriff of our county of ………. , or to ………. his or her deputy, ………. Greeting:
Whereas, at a court of inquiry of forcible entry and detainer, ………. held at ………. in our county of ………. upon the …… day of ………. in the year ………. before one of the justices of the superior court, the jurors impaneled and sworn by our justice did return their verdict in writing, signed by each of them, that ………. was upon the …… day of ………. in the rightful possession of a certain messuage or tract of land (as in the verdict returned), and that (as in the verdict), whereupon it was considered by our court that ………. should have restitution of the same, we command you, that, taking with you the power of the county, if necessary, you cause ………. to be forthwith removed from the premises, and ………. to have peaceable possession of the same, and also that you levy of the goods and chattels and real estate of the said ………. the sum of ………. being costs taxed against him or her on the trial aforesaid, together with twenty-five cents (25¢) more for this writ, and also your own fees for levying the same; and for want of such goods and chattels or real estate of ………. to be by you found, you are commanded to take the body of ………. and him or her to commit to jail in ………. , in ………. county of ………. , there to remain until he or she shall pay the sum aforesaid together with all fees arising on the service of this writ or until he or she is delivered by order of law; and make return of this writ and your doings thereon within twenty (20) days next coming.
Witness the seal of the superior court the …… day of ………. in the year …… .
Clerk.
(or) Witness my hand and seal the …… day of ………. in the year …… .
Justice of the superior court.
History of Section.
P.L. 1908, ch. 1533, § 6; G.L. 1909, ch. 340, § 6; G.L. 1923, ch. 391, § 6; G.L. 1938, ch. 591, § 6; G.L. 1956, § 34-19-6; P.L. 2021, ch. 77, § 15, effective June 23, 2021; P.L. 2021, ch. 78, § 15, effective June 23, 2021.
Terms Used In Rhode Island General Laws 34-19-6
- in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
- real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Verdict: The decision of a petit jury or a judge.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.