State Codes and Statutes

Statutes > Rhode-island > Title-38 > Chapter-38-2 > 38-2-9

SECTION 38-2-9

   § 38-2-9  Jurisdiction of superior court.– (a) Jurisdiction to hear and determine civil actions brought under this chapteris hereby vested in the superior court.

   (b) The court may examine any record which is the subject ofa suit in camera to determine whether the record or any part thereof may bewithheld from public inspection under the terms of this chapter.

   (c) Actions brought under this chapter may be advanced on thecalendar upon motion of. any party, or sua sponte by the court made inaccordance with the rules of civil procedure of the superior court.

   (d) The court shall impose a civil fine not exceeding onethousand dollars ($1,000) against a public body or official found to havecommitted a knowing and willful violation of this chapter, and shall awardreasonable attorney fees and costs to the prevailing plaintiff. The court shallfurther order a public body found to have wrongfully denied access to publicrecords to provide the records at no cost to the prevailing party; provided,further, that in the event that the court, having found in favor of thedefendant, finds further that the plaintiff's case lacked a grounding in factor in existing law or in good faith argument for the extension, modification,or reversal of existing law, the court may award attorneys fees and costs tothe prevailing defendant.

State Codes and Statutes

Statutes > Rhode-island > Title-38 > Chapter-38-2 > 38-2-9

SECTION 38-2-9

   § 38-2-9  Jurisdiction of superior court.– (a) Jurisdiction to hear and determine civil actions brought under this chapteris hereby vested in the superior court.

   (b) The court may examine any record which is the subject ofa suit in camera to determine whether the record or any part thereof may bewithheld from public inspection under the terms of this chapter.

   (c) Actions brought under this chapter may be advanced on thecalendar upon motion of. any party, or sua sponte by the court made inaccordance with the rules of civil procedure of the superior court.

   (d) The court shall impose a civil fine not exceeding onethousand dollars ($1,000) against a public body or official found to havecommitted a knowing and willful violation of this chapter, and shall awardreasonable attorney fees and costs to the prevailing plaintiff. The court shallfurther order a public body found to have wrongfully denied access to publicrecords to provide the records at no cost to the prevailing party; provided,further, that in the event that the court, having found in favor of thedefendant, finds further that the plaintiff's case lacked a grounding in factor in existing law or in good faith argument for the extension, modification,or reversal of existing law, the court may award attorneys fees and costs tothe prevailing defendant.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-38 > Chapter-38-2 > 38-2-9

SECTION 38-2-9

   § 38-2-9  Jurisdiction of superior court.– (a) Jurisdiction to hear and determine civil actions brought under this chapteris hereby vested in the superior court.

   (b) The court may examine any record which is the subject ofa suit in camera to determine whether the record or any part thereof may bewithheld from public inspection under the terms of this chapter.

   (c) Actions brought under this chapter may be advanced on thecalendar upon motion of. any party, or sua sponte by the court made inaccordance with the rules of civil procedure of the superior court.

   (d) The court shall impose a civil fine not exceeding onethousand dollars ($1,000) against a public body or official found to havecommitted a knowing and willful violation of this chapter, and shall awardreasonable attorney fees and costs to the prevailing plaintiff. The court shallfurther order a public body found to have wrongfully denied access to publicrecords to provide the records at no cost to the prevailing party; provided,further, that in the event that the court, having found in favor of thedefendant, finds further that the plaintiff's case lacked a grounding in factor in existing law or in good faith argument for the extension, modification,or reversal of existing law, the court may award attorneys fees and costs tothe prevailing defendant.