§ 10-10-1 - Grounds for writ commanding arrest. - Rhode Island Statutes

SECTION 10-10-1

   § 10-10-1  Grounds for writ commandingarrest. – At the commencement of a civil action, a writ, commanding the arrest of anyperson not exempt by law from arrest, shall be issued from the superior courtor from any district court only after application to a justice thereof, whomay, in his or her discretion, order the issuance of the writ and who shallendorse such order in writing on the face of the writ:

   (1) In any action on penal statutes, or in any actionsounding in tort, except replevin, or against bail in criminal cases.

   (2) Whenever the plaintiff in the action, his or her agent orattorney, shall make affidavit, to be endorsed on the writ or annexed to thewrit, that the plaintiff has a just claim against the defendant, that is due,upon which the plaintiff expects to recover in the action a sum sufficient togive jurisdiction to the court to which the writ is returnable; and also eitherthat the defendant to be arrested is about to leave the state, without leavingtherein real or personal estate whereon an execution that may be obtained insuch action can be served, and, in case the defendant is not a resident of thestate, that the plaintiff, or if more than one plaintiff, that some of theplaintiffs are actual residents of the state, or that the defendant to bearrested has committed fraud in fact involving moral turpitude or intentionalwrong, either in contracting the debt upon which the action is founded or inthe concealment of his or her property or in the disposition of the property;provided, that whenever an arrest shall be made in accordance with the secondclause of this section, the court to which the writ is made returnable, or anyjustice thereof, may by order, upon application of any defendant so arrested,and for cause shown upon hearing the parties therein, release the defendantfrom the arrest and discharge the bail taken thereon, if any; but the actionshall not be dismissed on account of the release and discharge, but may beprosecuted to final judgment in the same manner as if no release and dischargehad been granted.