§ 9-5-15. Form for writs of replevin.
Writs of replevin shall be substantially in the following form:WRIT OF REPLEVIN.THE STATE OF RHODE ISLAND.
SC. To the sheriffs of our several counties, their deputies, or to a certified constable,
(SEAL) Greeting:
We command you that you replevy, if to be found within your precinct, the goods and chattels following, viz.: (Here enumerate and particularly describe them) belonging to .............................. of .............................. now taken (detained, or attached as the case may be) by .......... of .......... at .......... in the county of ......................... and them deliver unto the said ......................... , provided the same are not taken, attached, or detained upon original writ, mesne process, warrant of distress, or upon execution as the property of the said .............................. ; and summon the said .................... to appear on the return-day hereof (said return-day being the ......................... day of .......... A.D. 20..... ) in the SUPERIOR COURT to be holden at the county courthouse at ......................... , to answer unto the said ......................... in a plea of replevin that the said ......................... on the .......................... day of ......................... at said ......................... unlawfully, and without justifiable cause, took the goods and chattels of the said .......................... as aforesaid, and them unlawfully detained unto this day, (or, unlawfully detained the goods and chattels aforesaid, as the case may be) to the damage of the said ......................... , as he or she says, ......................... dollars.
Hereof fail not, and make true return of this writ with your doings thereon, together with the bond you shall take of the plaintiff.
Witness, the seal of our superior court, at .......... this .......... day of ......................... in the year .........
History of Section.C.P.A. 1905, § 515; G.L. 1909, ch. 299, § 19; G.L. 1923, ch. 349, § 19; G.L. 1938, ch. 514, § 12; G.L. 1956, § 9-5-15; P.L. 2015, ch. 260, § 8; P.L. 2015, ch. 275, § 8; P.L. 2021, ch. 77, § 5, effective June 23, 2021; P.L. 2021, ch. 78, § 5, effective June 23, 2021.
Structure Rhode Island General Laws
Title 9 - Courts and Civil Procedure – Procedure Generally
Chapter 9-5 - Writs, Summons and Process
Section 9-5-1. - Writs in name of state — Seal — Signature by clerk or justice.
Section 9-5-2. - Counties in which superior court writs made and returnable.
Section 9-5-3. - Facsimile signature of clerk or seal of the court.
Section 9-5-5. - Form of writs from supreme and superior courts.
Section 9-5-6. - Writs and process operating throughout state — Officers to whom directed.
Section 9-5-7. - Direction of writs for arrest or execution against the body.
Section 9-5-8. - Power of New Shoreham town sergeant — Bond.
Section 9-5-9. - Warrants for commitment to state-operated facilities.
Section 9-5-10. - Direction and return of district courts writs and summonses.
Section 9-5-10.1. - Certification of constables.
Section 9-5-10.2. - Posting of bond by certified constables.
Section 9-5-10.3. - Powers and authority of certified constables.
Section 9-5-10.4. - Renewal of certification of certified constables.
Section 9-5-10.5. - Suspension, revocation or review of certification of certified constables.
Section 9-5-10.6. - Certified constables’ board.
Section 9-5-11. - District court process returnable in any division.
Section 9-5-12, 9-5-13. - Repealed.
Section 9-5-14. - Writs of mesne process.
Section 9-5-15. - Form for writs of replevin.
Section 9-5-16, 9-5-17. - Repealed.
Section 9-5-18. - Adaptation of forms to more than one defendant.
Section 9-5-19. - Adaptation of forms not prescribed.
Section 9-5-20. - Writs and other process against unknown defendant.
Section 9-5-21. - Signature of processes in action involving clerk of court.
Section 9-5-22. - False swearing in affidavit to support writ.
Section 9-5-23. - Time of service of original writs — Writs returnable on holiday.
Section 9-5-24. - Service on Sunday void.
Section 9-5-25. - Exemption of voters from arrest.
Section 9-5-27. - Service on nonresident guardian, executor, or administrator.
Section 9-5-28. - Affidavit or admission of service on nonresident.
Section 9-5-29. - Appointment of attorney by nonresidents doing business in state.
Section 9-5-30. - Replacement of attorney for nonresident — Revocation of power.
Section 9-5-31. - Filing fee for power of attorney.
Section 9-5-32. - Notice to nonresident to appoint attorney — Agents for noncomplying persons.
Section 9-5-34. - Appointment of attorney by foreign corporations.