AN ACT RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY -- WRITS, SUMMONS AND PROCESS (Restricts service of process of any writs, executions or summonses to the division of sheriff or a certified constable authorized pursuant to statutory law.)

H8433

2026 -- H 8433
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LC006301
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY --
WRITS, SUMMONS AND PROCESS

Introduced By:
Representative Arthur J. Corvese

Date Introduced:
April 10, 2026

Referred To:
House Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Chapter 9-5 of the General Laws entitled "Writs, Summons and Process" is
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hereby amended by adding thereto the following section:
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9-5-10.7. Service of process.

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All writs, executions, and summonses for process shall be directed for service to the
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division of sheriffs, or to a certified constable authorized pursuant to § 9-5-10.1. No other individual
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shall be authorized to serve any writ, execution or summons for process within the state.
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SECTION 2. Sections 9-5-6, 9-5-7 and 9-5-10 of the General Laws in Chapter 9-5 entitled
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"Writs, Summons and Process" are hereby amended to read as follows:
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9-5-6. Writs and process operating throughout state — Officers to whom directed.
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All writs, executions, and process shall run throughout the state and shall be directed for
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service to the division of sheriffs, or to a certified constable, but if any deputy sheriff is a party to
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the action or suit, the process shall be directed to
the town sergeant or
a certified constable and may
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be served by any one of them not a party to the action or suit.
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9-5-7. Direction of writs for arrest or execution against the body.
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All writs whatsoever commanding the arrest of a defendant, or executions running against
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the body of a defendant, shall be directed for service to the division of sheriffs or to a certified
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constable authorized pursuant to § 9-5-10.1
, or if the writ is to be served in the town of New
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Shoreham, it may be directed to the town sergeant of the town, subject to the provisions of § 9-5-

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and no writ of arrest shall be served by any other officer.
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9-5-10. Direction and return of district courts writs and summonses.
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(a)
Writs and summonses issued by a district court shall be made returnable to the court at
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the place and on the day and hour provided by law, to be named in the writs and summonses, and
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shall, except as otherwise specifically provided, be directed to the division of sheriffs,
or to the
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town sergeants,
or to a certified constable authorized pursuant to § 9-5-10.1
, for in state service
.
In
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case any person upon whom it is necessary to make service of any writ, summons, or execution
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issued by a district court is, or has estate, in any other county than the one in which the action is
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brought, the writ, summons, or execution may also be directed to and served by the like officer of
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such other county.
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(b) For out-of-state service of writs and summonses issued by a district court, the writ,
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summons, or execution shall be directed to and served by the sheriff, certified constable, or like
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officer duly authorized and licensed under that state.
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SECTION 3. Section 9-5-8 of the General Laws in Chapter 9-5 entitled "Writs, Summons
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and Process" is hereby repealed.
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9-5-8. Power of New Shoreham town sergeant — Bond.
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The town sergeant of the town of New Shoreham is hereby authorized and empowered to
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serve any writ and civil or criminal process in the town of New Shoreham and the waters adjacent
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thereto within the jurisdiction of the state, the ad damnum of which does not exceed one thousand
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dollars ($1,000), as fully and effectually as a member of the division of sheriffs; provided, that the
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town sergeant of New Shoreham give bond, with two (2) sufficient sureties, to the general treasurer
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in the sum of two thousand dollars ($2,000). In case any person is injured by the breach of the bond,
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he or she may sue upon the bond in like manner as he or she might do upon a sheriff’s bond in a
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like case under the provisions of §§ 42-29-12 and 42-29-13.
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SECTION 4. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY --
WRITS, SUMMONS AND PROCESS
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This act would restrict service of process of any writs, executions or summonses to the
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division of sheriff or a certified constable authorized pursuant to statutory law.
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This act would take effect upon passage.
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LC006301
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