Rule 66A.Commissioners.
Current through February 2024 · Last verified September 12, 2026
Full Text of Rule 66A
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
Subdivision (a) comes into play once the court has already ordered real property partitioned. The court may then appoint one commissioner or several to carry the partition out, either in kind, dividing the property itself, or by sale. The method belongs to the court, not the commissioner: the appointment directs which one. This is the machinery the court uses to carry out a partition it has already ordered.
Subdivision (b) controls payment. Allowances of fees and expenses to a commissioner are made only on a hearing, after such notice as the court orders. A commissioner does not submit a bill and get paid on the paperwork alone. The parties learn what is sought and have their chance to be heard before the court approves anything.
Frequently Asked Questions
What does a commissioner do in a Rhode Island Family Court case?
A commissioner carries out a partition of real property the court has already ordered, dividing the property in kind or selling it as the court directs. The court can name one commissioner or several for that work.
Who decides whether property is divided or sold?
The court does. Rule 66A(a) has the commissioner partition the property in kind or by sale as directed by the court, so the method comes from the appointment rather than from the commissioner's own judgment.
How does a commissioner get paid?
Fees and expenses are allowed only on a hearing, after such notice as the court orders. Nothing is approved on the strength of a submitted bill alone.
Does the court have to appoint a commissioner after ordering partition?
No. Rule 66A(a) says the court may appoint one or more commissioners once it orders real property partitioned. The appointment is an option the court has, not a step the rule requires.
Does Rule 66A cover anything besides real estate?
The rule speaks to an action in which the court orders the partition of real property. It says nothing about appointing a commissioner for other kinds of property.