Rhode Island General Laws 33-22-19.1. Record of probate court proceedings
(a) At the request of any party thereto, or at the request of the probate judge presiding thereat, any proceedings held in probate court shall be recorded by the probate clerk, by either electronic or stenographic means (the means utilized to be determined by the probate clerk), which means are reasonably designed to produce a true and accurate verbatim transcription of such proceedings.
Terms Used In Rhode Island General Laws 33-22-19.1
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Probate: Proving a will
- town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(b) This section shall not be construed to prohibit a party from privately recording or transcribing any probate court proceeding at his or her own expense, which private recording or transcript shall not be deemed part of the record of proceedings unless admitted by the probate court into evidence as an exhibit, ordered by the probate court or stipulated to by the parties. Nothing contained herein shall preclude a party from purchasing a transcript from the stenographer. This section shall not be construed as requiring a party to record or transcribe the proceeding in order to take an appeal to superior court.
(c) No city or town shall be obligated to assist a party to produce a written or typed transcription from any proceeding other than in instances where an appeal is claimed pursuant to the provisions of § 33-23-1 et seq. In the event such an appeal is claimed, the appellant shall be responsible for all transcription costs. If the city or town utilizes electronic means to record proceedings, the probate clerk shall, upon request, provide the appellant’s stenographer with accommodations to transcribe the original tape recording on site or provide a true copy thereof to permit transcription off site. Physical possession of the original recording or transcription notes shall remain with the probate court unless otherwise ordered by the superior court. The written transcript and electronic recording shall be deemed a public record.
History of Section.
P.L. 1996, ch. 110, § 10; P.L. 2007, ch. 158, § 1; P.L. 2007, ch. 257, § 1.