Rhode Island General Laws 9-25-8. Form of district court writ of execution
A writ of execution issued by a district court shall be substantially in the following form:
THE STATE OF RHODE ISLAND.
SC.
To the sheriff, his or her deputy or to either of the town sergeants or constables in the county of ………………………………….
(SEAL) Greeting:
Whereas ………. of ………. at a DISTRICT COURT holden at ………. did on the ………. day of ………. recover judgment of said court against ………. of ………. for the sum of ………. debt or (damages), and costs of suit taxed at ………. , as of record of said court doth appear, which sums, in the whole, amount to ………. for which execution remains to be done: We command you, therefore, that of the goods and chattels and real estate of the said ………. within your precinct, you levy the said sum of ………. , together with 15 cents for this execution, as also your lawful fees for serving the same, and therewith satisfy and pay the said ………. ; [and for want of the goods and chattels and real estate of the said ………. to be by you found within your precinct, to satisfy and pay the same sums aforesaid, we command you to take the body of the said ………. into your custody, and ………. safely secure in our jail in ………. until ………. satisfy and pay the said ………. the sums aforesaid and your fees, or until ………. be by the said ………. therefrom discharged, or otherwise by order of law.]
Hereof fail not, and make true return of this writ and of your doings thereon, on the ………. day of ………. A.D. ………. .
Witness, the seal of the district court of the ………. judicial district, this ………. day of ………. in the year ………. .
, Clerk (or Justice.)?
History of Section.
C.P.A. 1905, § 616; G.L. 1909, ch. 303, § 14; G.L. 1923, ch. 353, § 14; G.L. 1938, ch. 552, § 14; G.L. 1956, § 9-25-8; P.L. 2021, ch. 77, § 8, effective June 23, 2021; P.L. 2021, ch. 78, § 8, effective June 23, 2021.
Terms Used In Rhode Island General Laws 9-25-8
- 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
- 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
- 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
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.