§ 9-13-9.When execution returnable
Chapter 13. Executions and Judicial Sales · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
Full Text of § 9-13-9
Plain-English Summary
An execution does not float indefinitely; it is tied to a court term. This section sets the default return schedule: unless another Code provision says differently, every execution must be made returnable to the next term of the court that issued it.
Making an execution “returnable” to a term means the officer carrying it out reports back to the court on it by that term — a structure that keeps executions moving through the court’s calendar rather than sitting open with no checkpoint. The “next term” standard ties that checkpoint to whatever term follows issuance, so the timeline shifts with each court’s own calendar rather than running on a fixed number of days.
The opening clause — “except as otherwise provided by this Code” — signals that this is a background rule, not an absolute one. Other Code sections addressing specific kinds of executions or specific circumstances can set a different return schedule, and where they do, that more specific provision controls over this general default.
Frequently Asked Questions
What does it mean for an execution to be “returnable” to a court term?
It means the officer executing it must report back to the court on the execution by that term, keeping the execution tied to the court’s calendar rather than left open indefinitely.
To which term must an execution ordinarily be made returnable?
The next term of the court from which the execution issued.
Does this return requirement ever change?
Yes. The statute applies “except as otherwise provided by this Code,” so other Code sections addressing particular kinds of executions can set a different return term.
Is the return term measured in a fixed number of days?
No. It is tied to the court’s next term rather than to a set number of days from issuance.
What court’s term controls the return date?
The term of the same court that issued the execution — not any other court.
Amendment History
Orig. Code 1863, § 3557; Code 1868, § 3580; Code 1873, § 3635; Code 1882, § 3635; Civil Code 1895, § 5416; Civil Code 1910, § 6021; Code 1933, § 39-125.