§ 9-19-28 - Evidence of damage to property.
SECTION 9-19-28
§ 9-19-28 Evidence of damage to property.– (a) In any proceeding commenced in any court, commission, or agency for damageto real or personal property, an itemized statement of what portions of theproperty were repaired or replaced together with the cost of any parts replacedon the property and the value of any labor extended in the repairing orreplacement, or an itemized statement of the estimated cost of repairing thedamaged property, including the cost of replacement parts and labor, which hasbeen subscribed and sworn to under the penalties of perjury by the personmaking the repairs or under whose direction the repairs were made, or by theperson giving the estimate, or under whose direction the estimate was prepared,shall be admissible as evidence of the fair and reasonable cost of repairingthe damage and shall constitute prima facie evidence of the reasonable cost ofthe repairs thereof; provided, however, that the statement shall contain noreference to the cause of the damage; and, provided further, that writtennotice of the intention to offer such a statement as evidence, together with acopy thereof, has been given to the opposing party or parties, or to his or heror their attorneys, by mailing the notice by certified mail, return receiptrequested, not less than ten (10) days before the introduction of the statementinto evidence, and that an affidavit of the notice and the return receipt isfiled with the clerk of the court forthwith after the receipt has beenreturned. Nothing contained in this section shall be construed to limit theright of any party to summon, at his or her own expense, the person subscribingto the statement, for the purpose of cross examination with respect to thestatement or to rebut the contents thereof or for any other purpose, nor tolimit the right of any party to summon, at his or her own expense, any otherperson to testify in respect to the statement or for any other purpose, nor tolimit the right of any party to summon, at his or her own expense, the businessrecords of any person offering any such statement.
(b) The word "person" as used herein shall mean anyindividual, firm, partnership, or corporation, or any full time employeethereof, engaged in the business of servicing and repairing property, orregularly performing such services incident to its principal business, or anyindividual licensed by the insurance commissioner as a motor vehicle damageappraiser pursuant to § 27-10.1-1.