Rhode Island General Laws 46-2-16. Examination of commissioners’ report – Jury trial on damages – Costs
The clerk of the superior court shall open the report of the commissioners, and the report may be examined by any person interested therein; and any person or party aggrieved by any award of damages by the commissioners may claim a jury trial upon any item of damages thereby awarded, and may file his or her claim for the trial at any time within three (3) months from the opening of the report; and the claim shall stand for trial by jury as other cases upon the docket of the court, and shall be tried therein in every respect as other cases are there tried, including the right to except to rulings and to apply for new trials for cause; and execution may be awarded thereon as in other cases; but if the party claiming the jury trial shall not therein obtain an award for damages more favorable to him or her than that given by the commissioners, that party shall pay costs to the city or town.
History of Section.
P.L. 1956, ch. 3662, § 5; G.L. 1956, § 46-2-16.
Terms Used In Rhode Island General Laws 46-2-16
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Docket: A log containing brief entries of court proceedings.
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.