(a)  Actions arising under §§ 34-18-35, 34-18-36, and 34-18-38 may be sealed by the court upon motion by any party or parties filed at least thirty (30) days after the expiration of the appeal period following the conclusion of the underlying civil action.

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Terms Used In Rhode Island General Laws 34-18-60

  • 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.
  • 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

(b)  In ruling on the motion to seal, the court shall grant the motion and seal the record of the civil action upon a finding that the underlying civil action was dismissed as a result of a motion to dismiss, the action was resolved by stipulation and the terms of the stipulation have been satisfied by the parties, any monetary judgment against the moving party has been satisfied in full, or the action has been dismissed for lack of prosecution after a five-year (5) period. The court shall also make a finding that the moving party notified all parties to the underlying civil action of their motion to seal the record and that motion is the only request made under this section by the moving party within the previous five (5) years.

(c)  Any party to an action arising under §§ 34-18-35, 34-18-36, and 34-18-38 may file a motion to seal the record of the action upon satisfaction of the requirements set forth in subsections (a) and (b) of this section. Parties requesting seal of their record under this section are limited to one request every five (5) years.

History of Section.
P.L. 2023, ch. 362, § 1, effective January 1, 2024.