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Administrative Directive No. 92-1: Civil actions filed by inmates*

This administrative directive is implemented to address the unique problems that often accompany a civil action that is filed by someone who is incarcerated. Its aim is to promote a just and speedy resolution of these civil actions by ensuring:

  1. That upon filing, the complaint is entered expeditiously and appropriate notice is sent.
  2. That all named parties receive actual notice of the litigation.
  3. That the cases proceed in a timely and cost effective manner.

Accordingly, it is ordered that upon the filing of the complaint, the Clerk is to pass upon the sufficiency of the affidavit of indigency (in almost all cases, the prisoner is indigent but has access to limited funds) and if indigent, to authorize service of process by certified mail on all named defendants - copy to the Attorney General. With notification of this action the Clerk is to provide the plaintiff with the appropriate number of blank summonses. It is the obligation of the plaintiff to provide the requisite number of copies of the complaint and to complete the summons to perfect service. In those rare instances wherein the plaintiff has no access to funds (ex. not in the general population of the prison) service may be authorized by regular mail and the Court is to provide the appropriate number of blank summonses.

With the notice of the Court's action, the plaintiff is also to be notified of what is required in filing a return of service and of the waiving of that part of Superior Court Rule 9A which requires the packaging of motions and responses thereto.

When a complaint filed by an inmate requests other than money damages, the complaint is to be reviewed by a justice for whatever action he or she deems appropriate. For example, it is in the discretion of the justice to decide a request for a preliminary injunction upon submissions and not require the presence of the inmate.

This administrative directive is to take effect forthwith.

 

Downloads for Superior Court Administrative Directive No. 92-1: Civil actions filed by inmates

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Title added, and references to attachments relating to court forms deleted, on May 11, 2018.

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