§ 30-7-4. Defense of actions.
When an action or proceeding of any nature is commenced in any court against any member of the militia for an act done by the member in his or her official capacity in the discharge of his or her duty, or for an alleged omission by the member to do an act that it was his or her duty to perform, or against any officer or enlisted person acting under proper authority or by virtue of a warrant issued to that person pursuant to law, the defendant in that action or proceeding may require the person instituting or prosecuting the action to file security in an amount to be fixed by the court for the payment of costs that may be awarded to the defendant therein. The defendant in all cases may make a general denial and give the special matter in evidence. A defendant in whose favor a nonsuit or a final judgment is rendered in any such action or proceeding shall recover treble costs. The governor shall appoint special counsel, to defend the action or proceeding, at the expense of the state.
History of Section.P.L. 1956, ch. 3742, par. 203; G.L. 1956, § 30-7-4; P.L. 2016, ch. 511, art. 2, § 32.
Structure Rhode Island General Laws
Title 30 - Military Affairs and Defense
Chapter 30-7 - Privileges and Immunities of Militia Members
Section 30-7-1. - Exemption of national guard from jury duty.
Section 30-7-2. - Immunity from civil process.
Section 30-7-3. - Immunity from liability for acts in line of duty.
Section 30-7-4. - Defense of actions.
Section 30-7-5. - Exemption from duty on election day.
Section 30-7-6. - Right-of-way on streets or highways.
Section 30-7-7. - Drill by students.
Section 30-7-8. - Bounds of parade and camp grounds.
Section 30-7-9. - Exemption of pay and allowances from process.