Rhode Island 2023 Regular Session

Rhode Island House Bill H5298 Latest Draft

Bill / Introduced Version Filed 02/01/2023

                             
 
 
 
2023 -- H 5298 
======== 
LC000397 
======== 
S TATE  OF RHODE IS LAND 
IN GENERAL ASSEMBLY 
JANUARY SESSION, A.D. 2023 
____________ 
 
A N   A C T 
RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY -- 
JUDGMENTS, ORDERS, AND DECREES -- INTEREST IN CIVIL ACTIONS 
Introduced By: Representatives Edwards, Ajello, Potter, Kazarian, Slater, and Kislak 
Date Introduced: February 01, 2023 
Referred To: House Judiciary 
 
 
It is enacted by the General Assembly as follows: 
SECTION 1. Section 9-21-10 of the General Laws in Chapter 9-21 entitled "Judgments, 1 
Orders, and Decrees" is hereby amended to read as follows: 2 
9-21-10. Interest in civil actions. 3 
(a) In any civil action in which a verdict is rendered or a decision made for pecuniary 4 
damages, there shall be added by the clerk of the court to the amount of damages interest at the rate 5 
of twelve percent (12%) per annum thereon from the date the cause of action accrued of the filing 6 
of the civil action calculated at a rate equal to the coupon issue yield equivalent, as determined by 7 
the U.S. Secretary of the Treasury, of the average accepted auction price for the last auction of 8 
fifty-two (52) week U.S. Treasury bills settled immediately preceding the date of the filing of the 9 
action, which shall be included in the judgment entered therein. Post-judgment interest shall be 10 
calculated the rate of twelve percent (12%) per annum and accrue on both the principal amount of 11 
the judgment and the prejudgment interest entered therein a rate equal to the coupon issue yield 12 
equivalent, as determined by the U.S. Secretary of the Treasury, of the average accepted auction 13 
price for the last auction of fifty-two (52) week U.S. Treasury bills settled immediately preceding 14 
the date of the filing of the action. This section shall not apply until entry of judgment or to any 15 
contractual obligation where interest is already provided. 16 
(b) Subsection (a) shall not apply in any action filed on or after January 1, 1987, for 17 
personal injury or wrongful death filed against a licensed physician, hospital, clinic, health 18   
 
 
LC000397 - Page 2 of 3 
maintenance organization, professional service corporation providing health care services, dentist, 1 
or dental hygienist based on professional negligence. In all such medical malpractice actions in 2 
which a verdict is rendered or a decision made for pecuniary damages, there shall be added by the 3 
clerk of the court to the amount of damages interest at the rate of twelve percent (12%) per annum 4 
thereon from the date of written notice of the claim by the claimant or his or her representative to 5 
the malpractice liability insurer, or to the medical or dental health care provider or the filing of the 6 
civil action, whichever first occurs. 7 
SECTION 2. This act shall take effect upon passage and shall apply to judgments entered 8 
on or after the date of passage. 9 
======== 
LC000397 
========  
 
 
LC000397 - Page 3 of 3 
EXPLANATION 
BY THE LEGISLATIVE COUNCIL 
OF 
A N   A C T 
RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY -- 
JUDGMENTS, ORDERS, AND DECREES -- INTEREST IN CIVIL ACTIONS 
***
This act would provide that pre- and post-judgment interest on civil actions would begin 1 
on the date of the filing of the civil action and would be calculated based upon a rate equal to the 2 
coupon issue yield equivalent. 3 
This act would take effect upon passage and would apply to judgments entered on or after 4 
the date of passage. 5 
======== 
LC000397 
========