Clerical Mistakes

Superior Court Rules of Criminal Procedure

Rule: 36

Jurisdiction: RI

Bluebook Citation: R.I. Super. R. Crim. P. 36

Clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of the court's own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal, such mistakes may be so corrected before the appeal is docketed in the Supreme Court, and thereafter while the appeal is pending may be so corrected with leave of the Supreme Court. VIII. APPEAL 37. [Reserved.] 38. Stay of Execution and Relief Pending Review (a) Stay of Execution. (1) Imprisonment. A sentence of imprisonment shall be stayed if an appeal is taken and the defendant is admitted to bail. (2) Fine. A sentence to pay a fine or a fine and costs, if an appeal is taken, may be stayed by the court upon such terms as the court deems proper. The court may require the defendant pending appeal to deposit the whole or any part of the fine and costs with the clerk of the Superior Court, or to give bond for the payment thereof, Page 35 of 47 February 2024 or to submit to an examination of assets, and the court may make any appropriate order to restrain the defendant from dissipating the defendant's assets. (3) Probation. An order which defers sentencing or places the defendant on probation shall be stayed if an appeal is taken. (b) Bail. Admission to bail upon appeal shall be as provided in these rules or the appellate rules of the Supreme Court of Rhode Island. 39. [Reserved.] IX. SUPPLEMENTARY AND SPECIAL PROCEEDINGS 40. [Reserved.]

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