Venue Flashcards
What cases does the RI Supreme Court hear?
(1) appeals from the superior court
(2) writs of certiorari from family court, workers comp court, and district court
What is the jurisdiction of the superior courts?
Exclusive original jurisdiction civil cases over $10,000 and equity actions
Original jurisdiction over all crimes, offenses, and misdemeanors, except as otherwise provided by law
Concurrent original jurisdiction (with district court) over civil actions from $5,000-$10,000
Appellate jurisdiction over appeals from the District Court and the Probate Court
Judicial review over agency actions
Where are superior courts located?
in the counties
What is the jurisdiction of the district court?
- civil cases not exceeding $5000
- arraignments for felonies and misdemeanors
- administrative appeals
- traffic tribunal appeals
- small claims
- landlord tenant
- veterans treatment
Where are district courts located?
in four judicial “divisions” in the state
Where is venue for disputes involving title, interest, or possession of land?
in the superior court county or the district court division where the land lies
Where is venue for civil actions for breaking and entering?
civil actions for breaking and entering is considered an “action involving realty” and venue is proper in the superior court county or the district court division where the land lies
Where is venue for actions not involving realty?
in the superior court county or district court division where one of the plaintiffs or defendants dwells
Where is venue for actions involving corporations?
in the county or district:
(a) where a non-corporate party dwells
(b) where a defendant is found
(c) where the corporation (1) is located by its charter (2) if n/a, where required to hold its annual meetings (3) if also n/a, where the annual meetings are actually held
Where is venue if no plaintiff or defendant dwells within the state and an out-of-state corporation is a party?
any county or division
Where is venue for small claims, and what is the jurisdictional amount for small claims?
Small claims are heard in the District Court when the parties are claiming damages of $2,500 or less based upon a contract, a retail sale, or service.
What does the court do when venue is improper in an action involving realty?
the court MUST dismiss
What does the court do when venue is improper in an action not based on realty?
the court may dismiss, or in its discretion, may transfer to a property country or district
What four reasons allow change of venue in civil actions?
(1) consent of the parties
(2) consolidation
(3) in the interests of obtaining a more speedy trial
(4) local prejudice
When is consolidation of multiple civil actions allowed?
When civil actions pending in different counties involve “a common question of law or fact” and it would be “in the interest of convenience”, the court may transfer for the purpose of consolidating the actions.
