Title 10, Title 10 and Civil Procedure — Procedure in Particular Actions

(a) A temporary non-liquidating receiver shall: (1) Assist the owner in developing an operating plan in consultation; (2) Present the operating plan to the court for approval; and (3) Monitor the owner’s business operations and the owner’s compliance with the plan. (b) An operati…

(a) An owner shall: (1) Assist and cooperate with the receiver in the administration of the receivership and the discharge of the receiver’s duties; (2) Preserve and turn over to the receiver all receivership property in the owner’s possession, custody, or control; (3) Identify a…

Unless the court orders otherwise, the owner shall: (1) Develop an operating plan and any modifications to the plan that the temporary non-liquidating receiver may propose; (2) Obtain court approval of the operating plan; and (3) Timely perform the owner’s duties under the operat…

(a) Except as otherwise provided in subsection (d) of this section or ordered by the court, an order appointing a receiver operates as a stay, applicable to all persons, of an act, action, or proceeding: (1) To obtain possession of, exercise control over, or enforce a judgment ag…

On appointment of a temporary non-liquidating receiver, the stay under § 10-21-14(a) is effective for the period that the court considers necessary, but not more than ninety (90) days. The court may extend the stay in increments of not more than thirty (30) days.

(a) With court approval, a receiver may engage an attorney, accountant, appraiser, auctioneer, broker, or other professional to assist the receiver in performing a duty or exercising a power of the receiver. The receiver shall disclose to the court: (1) The identity and qualifica…

(a) In this section, “good faith” means honesty in fact and the observance of reasonable commercial standards of fair dealing. (b) With court approval, a receiver may use receivership property other than in the ordinary course of business. (c) With court approval, a receiver may …

The owner may use or transfer receivership property, by sale, lease, license, exchange or other disposition, only: (1) With court approval; and (2) After the court approves the operating plan, in accordance with the plan.

(a) In this section, “timeshare interest” means a “time share” as defined in § 34-41-1.02. (b) Except as otherwise provided in subsection (h) of this section, with court approval, a receiver may adopt or reject an executory contract of the owner relating to receivership property.…

(a) A receiver is entitled to all defenses and immunities provided by law of this state other than this chapter for an act or omission within the scope of the receiver’s appointment. (b) A receiver may be sued personally for an act or omission in administering receivership proper…

A receiver may file or, if ordered by the court, shall file an interim report that includes: (1) The activities of the receiver since appointment or a previous report; (2) Receipts and disbursements, including a payment made or proposed to be made to a professional engaged by the…

In addition to the any interim report required by § 10-21-19, unless the court orders otherwise, a temporary non-liquidating receiver shall file a monthly report that includes: (1) Development and implementation of the operating plan; and (2) The owner’s compliance with the opera…

As used in this chapter: (1) “Affiliate” means: (i) With respect to an individual: (A) A companion of the individual; (B) A lineal ancestor or descendant, whether by blood or adoption of: (I) The individual; or (II) A companion of the individual; (C) A companion of an ancestor or…

In this chapter: (1) “Emergency” means a serious, dangerous, or unexpected situation that causes or potentially causes widespread or substantial loss of life, injury, damage, or public health concern for a significant number of persons or substantial loss of property, including a…

(a) Except as otherwise provided in subsection (f) of this section, a receiver shall give notice of appointment of the receiver to creditors of the owner by: (1) Deposit for delivery through first-class mail or other commercially reasonable delivery method to the last known addre…

(a) The court may award a receiver from receivership property the reasonable and necessary fees and expenses of performing the duties of the receiver and exercising the powers of the receiver. (b) The court may order one or more of the following to pay the reasonable and necessar…

The presiding justice of the superior court may appoint an individual to serve as program coordinator to identify and coordinate sources for funding, legal services, accounting services, and other appropriate services for temporary non-liquidating receiverships. The individual mu…

(a) The court may remove a receiver for cause. (b) The court shall replace a receiver that dies, resigns, or is removed. (c) If the court finds that a receiver that resigns or is removed, or the representative of a receiver that is deceased, has accounted fully for and turned ove…

(a) On completion of a receiver’s duties, the receiver shall file a final report including: (1) A description of the activities of the receiver in the conduct of the receivership; (2) A list of receivership property at the commencement of the receivership and any receivership pro…

(a) The court may appoint a receiver appointed in another state, or that person’s nominee, as an ancillary receiver with respect to property located in this state or subject to the jurisdiction of the court for which a receiver could be appointed under this chapter, if: (1) The p…

A request by a secured party for appointment of a receiver, the appointment of a receiver, or application by a secured party of receivership property or proceeds to the secured obligation does not: (1) Make the secured party a mortgagee in possession of the real property; (2) Imp…

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede § 101(c) of that act (15 U.S.C. § 7001(c)), or authorize electronic delivery of any of the notices descri…

This chapter does not apply to a receivership for which the receiver was appointed before June 20, 2022.

(a) Notwithstanding § 10-21-28, the court may for cause apply this chapter to a receivership for which a receiver was appointed before June 20, 2022, if the owner would otherwise be eligible for a temporary non-liquidating receivership. (b) Unless extended by the general assembly…

It is the intention of the general assembly that the official comments to the Uniform Commercial Real Estate Receivership Act as approved and recommended for enactment in all the States by the National Conference of Commissioners on Uniform State Laws in 2015 represent the expres…

(a) Except as otherwise provided in subsection (b) of this section, the court may issue an order under this chapter only after notice and opportunity for a hearing appropriate in the circumstances. (b) The court may issue an order under this chapter: (1) Without prior notice if t…

The general assembly acknowledges that: (1) The presiding justice of the superior court may issue administrative orders governing the procedures in temporary non-liquidating receiverships. (2) The business calendar justice to whom a temporary non-liquidating receivership has been…

(a) Except as otherwise provided in subsection (b) or (c) of this section, this chapter applies to a receivership for an interest in any one or more of the following: (1) Real property and any personal property related to or used in operating the real property; or (2) Personal pr…

The court that appoints a receiver under this chapter has exclusive jurisdiction to direct the receiver and determine any controversy related to the receivership or receivership property.

(a) The court may appoint a receiver: (1) Before judgment, to protect a party that demonstrates an apparent right, title, or interest in property that is the subject of the action, if the property or its revenue-producing potential: (i) Is being subjected to or is in danger of wa…

The court may appoint a temporary non-liquidating receiver on the request of the owner if: (1) As of the date of an emergency declaration, the owner was not insolvent; (2) As of the date of an emergency declaration, the owner was generally paying its debts as those debts became d…

(a) The court may not appoint a person as receiver unless the person submits to the court a statement under penalty of perjury that the person is not disqualified. (b) Except as otherwise provided in subsection (c) of this section, a person is disqualified from appointment as rec…

(a) Except as otherwise provided in subsection (b) of this section, a receiver shall post with the court a bond that: (1) Is conditioned on the faithful discharge of the receiver’s duties; (2) Has one or more sureties approved by the court; (3) Is in an amount the court specifies…

On appointment of a receiver, in addition to the receiver’s other status under this chapter, the receiver has the status of a lien creditor under: (1) Chapter 9 of title 6A as to receivership property that is personal property or fixtures; and (2) Section 34-13-2 as to receiversh…

Whenever a deceased person shall have been slandered or libelled in an obituary or similar account in any newspaper or on any radio or television station within three (3) months of his or her date of death, and the account would, if death had not ensued, have entitled the party i…

Every action under this chapter shall be brought by and in the name of the executor or administrator of the deceased person, whether appointed or qualified within or without the state, and of the amount recovered in every action under this chapter one-half (½) shall go to the hus…

If there is no executor or administrator, or if, there being one, no action is brought in his or her name within six (6) months after the death, one action may be brought in the names of all the beneficiaries, either by all, or by part stating that they sue for the benefit of all…

Any cause of action arising under §§ 10-7.1-1 — 10-7.1-4 and any action authorized by this chapter shall survive the death of any person liable for damages under this chapter, and may be originally brought against his or her executor or administrator or, if brought against the pe…

All damages recoverable under §§ 10-7.1-1 — 10-7.1-4 shall be recoverable by and awarded to those beneficiaries as specified in § 10-7.1-2 and shall not be deemed or considered damages to the estate of the decedent, nor shall they be considered in any way an asset of the estate o…

(a) Any person who has been convicted of, or sentenced for, a crime, a violation of law, or a violation of probationary or deferred sentence status and who claims: (1) That the conviction or the sentence was in violation of the constitution of the United States or the constitutio…

(a) “DNA Testing” means forensic deoxyribonucleic acid testing. (b) “Agent” means a firm, person or corporation to whom the Rhode Island state police or local municipal police department entrusts or delivers evidence to undergo DNA testing.

(a) Mandatory preservation. During the term of the defendant’s incarceration resulting from his or her conviction after trial, the Rhode Island state police and each and every municipal police department in the state of Rhode Island, their agents, and any person to whom biologica…

(a) Mandatory testing. After notice to the prosecution and a hearing, a justice of the superior court shall order testing after finding that: (1) A reasonable probability exists that petitioner would not have been prosecuted or convicted if exculpatory results had been obtained t…

(a) An action to secure post conviction relief under this chapter shall be brought in the court in which the judgment of conviction was entered. (b) If an action for post conviction relief is brought in the district court where the judgment of conviction was entered and the relie…

A proceeding is commenced by filing an application verified by the applicant with the clerk of the appropriate court. An application may be filed at any time. Facts within the personal knowledge of the applicant and the authenticity of all documents and exhibits included in or at…