R.I. Gen. Laws
Rhode Island General Laws

R.I. Gen. Laws § 10-9.1-3 (2026)

Commencement of proceedings — Verification — Filing — Service

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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A proceeding is commenced by filing an application verified by the applicant with the clerk of the appropriate court. An application may be filed at any time. Facts within the personal knowledge of the applicant and the authenticity of all documents and exhibits included in or attached to the application must be sworn to affirmatively as true and correct. The clerk shall docket the application upon its receipt and promptly bring it to the attention of the court and deliver a copy to the attorney general. A filing fee shall not be required for a proceeding under this chapter.

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1976–2024 · leading case: Voravongsa v. Wall, 349 F.3d 1 (1st Cir. 2003).
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Voravongsa v. Wall, 349 F.3d 1 (1st Cir. 2003). · cites it 2× “, the filing of an application) and the contents that must be contained in the application that commences those proceedings.”
Raso v. Wall, 884 A.2d 391 (R.I. 2005). · cites it 2× “” Although on its face, this language provides that there is no statutory limitation on the time in which an applicant may file an application for postconviction relief, the existence of such language does not preclude the application of the doctrine of laches.”
State v. Laurence, 18 A.3d 512 (R.I. 2011). · cites it 2× “4 See G.L.1956 § 10-9.1-3. Within his lengthy memorandum filed with the Superior Court (entitled “Petition for Post Conviction Relief or Motion for a New Trial Rule 33”) and the similar, although not identical, copy that Laurence sent to the state (entitled “Memorandum in…”
State v. Lanoue, 366 A.2d 1158 (R.I. 1976). · cites it 2× “If it were and we were to deny and dismiss the appeal at this juncture on that procedural ground, defendant presumably would simply renew his challenge in the Superior Court by exercising his right under §10-9.1-3 to file a properly labeled application “at any time.”
State v. Arpin, 410 A.2d 1340 (R.I. 1980). “1-1 and §10-9.1-3, both enacted by P.L. 1974, ch.”
Anthony Lipscomb v. State of Rhode Island, 144 A.3d 299 (R.I. 2016). · cites it 2× “” The applicant’s motion was neither sworn nor verified as required by G.L. 1956 § 10-9.1-3; therefore the Superior Court issued an order staying the postconvictioh-relief proceedings until applicant filed a complaint in the proper form.”
DiMuccio v. Coyne-Fague, No. 1:21-cv-00221 (D.R.I. Aug. 12, 2021). · cites it 2× “DiMuccio, 2020 WL 4905050 , at *1; see R.I. Gen. Laws § 10-9.1-3 (post-conviction “application may be filed at any time”); Voravongsa v.”
Cano v. Salisbury, No. 1:24-cv-00147 (D.R.I. Oct. 29, 2024). · cites it 2× “See R.I. Gen. Laws Ann. § 10-9.1-3 (West 2024); Voravongsa v.”
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