§ 28-9-26 - Death or disability of party to proceedings. - Rhode-island Statutes

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Statutes > Rhode-island > Title-28 > Chapter-28-9 > 28-9-26

SECTION 28-9-26

§ 28-9-26 Death or disability of party toproceedings. – Where a party dies after making a submission or contract as prescribed in thischapter or otherwise, the proceedings may be begun or continued upon theapplication of, or upon notice to, his or her executor or administrator, or atemporary administrator of his or her estate, or, where it relates to realproperty, his or her distributee or devisee who has succeeded to his or herinterest in the real property. Where a committee of the property or of theperson of a party to a submission or contract is appointed, the proceedings maybe continued upon the application of, or notice to, a committee of theproperty, but not otherwise. In cases specified in this section, a judge of thecourt may make an order extending the time within which notice of a motion toconfirm, vacate, modify, or correct the award must be served. Upon confirmingan award, where a party has died since it was filed or delivered, the courtmust enter judgment in the name of the original party, and the proceedings arethe same as where a party dies after a verdict.

State Codes and Statutes

Statutes > Rhode-island > Title-28 > Chapter-28-9 > 28-9-26

SECTION 28-9-26

§ 28-9-26 Death or disability of party toproceedings. – Where a party dies after making a submission or contract as prescribed in thischapter or otherwise, the proceedings may be begun or continued upon theapplication of, or upon notice to, his or her executor or administrator, or atemporary administrator of his or her estate, or, where it relates to realproperty, his or her distributee or devisee who has succeeded to his or herinterest in the real property. Where a committee of the property or of theperson of a party to a submission or contract is appointed, the proceedings maybe continued upon the application of, or notice to, a committee of theproperty, but not otherwise. In cases specified in this section, a judge of thecourt may make an order extending the time within which notice of a motion toconfirm, vacate, modify, or correct the award must be served. Upon confirmingan award, where a party has died since it was filed or delivered, the courtmust enter judgment in the name of the original party, and the proceedings arethe same as where a party dies after a verdict.

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State Codes and Statutes

Statutes > Rhode-island > Title-28 > Chapter-28-9 > 28-9-26

SECTION 28-9-26

§ 28-9-26 Death or disability of party toproceedings. – Where a party dies after making a submission or contract as prescribed in thischapter or otherwise, the proceedings may be begun or continued upon theapplication of, or upon notice to, his or her executor or administrator, or atemporary administrator of his or her estate, or, where it relates to realproperty, his or her distributee or devisee who has succeeded to his or herinterest in the real property. Where a committee of the property or of theperson of a party to a submission or contract is appointed, the proceedings maybe continued upon the application of, or notice to, a committee of theproperty, but not otherwise. In cases specified in this section, a judge of thecourt may make an order extending the time within which notice of a motion toconfirm, vacate, modify, or correct the award must be served. Upon confirmingan award, where a party has died since it was filed or delivered, the courtmust enter judgment in the name of the original party, and the proceedings arethe same as where a party dies after a verdict.