RI · rules
R.I. Super. Ct. R. Civ. P. 64
Replevin
(a) Issuance. A plaintiff claiming the possession of goods and
chattels wrongfully taken or detained shall proceed by complaint and summons in
an action under these rules and in connection therewith may make a motion for
issuance of a writ of replevin as provided by law, which shall be served along with
the a summons, complaint, Language Assistance Notice, and all other required
documents. The motion shall be granted only upon a showing that there is a
probability of a judgment being rendered in favor of the plaintiff and that there is a
substantial need for transfer of possession of the goods and chattels to the plaintiff
pending adjudication of the claim. In lieu of ordering issuance of the writ of replevin
the court may order the defendant to give security for satisfaction of any judgment
which may be rendered in the action. A surety upon a bond or undertaking hereunder
shall be subject to the provisions of Rule 65(c). A motion for issuance of a writ of
replevin shall not be granted ex parte.
(b) Replevin on Counterclaim, Cross-claim, or Third-party Complaint.
Goods or chattels may be replevied on writ of replevin by a party bringing a
counterclaim, cross-claim, or third-party complaint in the same manner as upon an
original claim, provided that the goods or chattels are located in the county where
the action is pending.
(c) Subsequent Issuance. A writ of replevin may be issued subsequent to
commencement of the action in accordance with subdivision (a). Such writ may also
be issued by way of execution.
Provenance
- Source
- courts.ri.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
f76a951105ad1e5e8d107a18fef037125f023d2509b96f13c120e26ae68c637d
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