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§28-9-26  Death or disability of party to proceedings. –

Published: 2015

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Labor and Labor Relations


Arbitration of Labor Controversies

SECTION 28-9-26

   § 28-9-26  Death or disability of party to

proceedings. –

Where a party dies after making a submission or contract as prescribed in this

chapter or otherwise, the proceedings may be begun or continued upon the

application of, or upon notice to, his or her executor or administrator, or a

temporary administrator of his or her estate, or, where it relates to real

property, his or her distributee or devisee who has succeeded to his or her

interest in the real property. Where a committee of the property or of the

person of a party to a submission or contract is appointed, the proceedings may

be continued upon the application of, or notice to, a committee of the

property, but not otherwise. In cases specified in this section, a judge of the

court may make an order extending the time within which notice of a motion to

confirm, vacate, modify, or correct the award must be served. Upon confirming

an award, where a party has died since it was filed or delivered, the court

must enter judgment in the name of the original party, and the proceedings are

the same as where a party dies after a verdict.

History of Section.

(P.L. 1955, ch. 3517, § 23; G.L. 1956, § 28-9-26.)