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HB 8433

AN ACT RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY -- WRITS, SUMMONS AND PROCESS

2026 Regular Session Introduced by Doc Corvese

The bill restricts who can serve court papers to the division of sheriffs or certified constables, removing other individuals and limiting New Shoreham authority.

04/30/2026 Committee recommended measure be held for further study
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Bill Summary · HB 8433

HB 8433 (Rhode Island, 2026) – Summary

Purpose and intent
- This act clarifies and tightens who is authorized to serve writs, executions, and summonses for process within Rhode Island.
- It centralizes service authority to the division of sheriffs or to certified constables; other individuals would be prohibited from serving these documents.

Key provisions and changes
- New Section 9-5-10.7: Service of process
- All writs, executions, and summonses must be directed for service to the division of sheriffs or to a certified constable authorized under § 9-5-10.1.
- No other person may be authorized to serve these documents.

  • Amendments to existing sections (9-5-6, 9-5-7, 9-5-10)

    • 9-5-6: Writs and process within the state must be directed to the division of sheriffs or a certified constable; if a deputy sheriff is a party, service may be directed to the town sergeant or a certified constable not a party.
    • 9-5-7: Writs to arrest or body executions must be directed to the division of sheriffs or a certified constable (or, in New Shoreham, to the town sergeant per § 9-5-8), and no other officer may serve.
    • 9-5-10 (a): District court writs and summonses generally directed to sheriffs, town sergeants, or certified constables for in-state service; if necessary, may be directed to an officer in another county where the person resides if service is in a different county.
    • 9-5-10 (b): Out-of-state service requires service by a sheriff, certified constable, or similar officer authorized in the issuing state.

  • Repeal of 9-5-8 and modification to New Shoreham authority

    • Repeals 9-5-8, which previously granted the New Shoreham town sergeant authority to serve writs and processes in New Shoreham (and nearby waters) up to $1,000 ad damnum, under bond requirements.
    • The act retains New Shoreham’s service framework only via other sections; the explicit New Shoreham bond provision is removed.

  • Effective date

    • The act takes effect upon passage.

Who is affected
- Individuals and entities issuing writs, summonses, and executions (courts, plaintiffs, defendants) are affected by the narrowed pool of process servers.
- Rhode Island Division of Sheriffs and certified constables gain exclusive authority for service.
- The New Shoreham town sergeant’s prior authority to serve certain low-dollar civil processes would be removed or limited due to repeal of § 9-5-8.
- Potentially affects cases involving out-of-state service requirements and cross-county service logistics.

Procedural/timeline notes
- Introduced April 10, 2026; referred to House Judiciary.
- Committee recommended holding for further study (April 30, 2026), with hearings scheduled in late April 2026.

Impact considerations
- The bill could streamline and uniform the process-service chain, potentially improving reliability and accountability by limiting who can serve.
- May affect timing and logistics for service, especially in multi-county or out-of-state matters.
- Could increase reliance on sheriffs’ offices and certified constables for process serving, possibly affecting costs and access for plaintiffs.

Compiled from official sources — confirm details with the bill’s official record.

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