Rhode Island 2023 Regular Session

Rhode Island House Bill H5907 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5907
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7	7	LC002413
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY --
16	16	DISTRICT COURT PRACTICE
17	17	Introduced By: Representatives Dawson, Craven, O'Brien, and McEntee
18	18	Date Introduced: March 01, 2023
19	19	Referred To: House Judiciary
20	20	(Judiciary)
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Sections 9-12-10 and 9-12-10.1 of the General Laws in Chapter 9-12 entitled 1
24	24	"District Court Practice" are hereby amended to read as follows: 2
25	25	9-12-10. Claim of appeal of superior court. 3
26	26	(a) Except as otherwise provided, in all civil cases in the district court, any party may cause 4
27	27	the case to be removed for trial on all questions of law and fact to the superior court for the county 5
28	28	in which division the suit is pending by claiming an appeal from the judgment of the district court, 6
29	29	in writing, filed with the clerk of the division within two (2) days, exclusive of Saturdays, Sundays, 7
30	30	and legal holidays, after the judgment is entered; provided, that the party claiming the appeal, at 8
31	31	the time of claiming the appeal, shall pay to the clerk all costs, including an attorney’s fee of fifty 9
32	32	dollars ($50.00), for the party or parties adversely interested in the judgment, to be paid by the clerk 10
33	33	to the attorney for the adverse party. The attorney’s fee of fifty dollars ($50.00) shall be divided 11
34	34	equally among the attorneys for the parties adversely interested when more than one adverse party 12
35	35	is involved; and provided, further, that costs shall not be taxed, exclusive of the attorney’s fee, at a 13
36	36	sum not less than twenty-five dollars ($25.00), in addition to a technology surcharge assessed in 14
37	37	accordance with § 8-15-11. 15
38	38	(b) If the plaintiff is filing the claim of appeal, the plaintiff shall pay to the clerk an appeal 16
39	39	fee of seventy-five dollars ($75.00). The appeal fee of seventy-five dollars ($75.00) shall be paid 17
40	40	to the adverse party or shall be divided equally when more than one party is involved. 18
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44	44	(c) If the defendant is filing the claim of appeal, the defendant shall pay to the clerk an 1
45	45	appeal fee of one hundred and ninety-five dollars and seventy-five cents ($195.75), (an appeal fee 2
46	46	of fifty dollars ($50.00), a filing fee of seventy-five dollars ($75.00), a service fee of forty-five 3
47	47	dollars ($45.00), a civil case processing fee of seventeen dollars and fifty cents ($17.50), a Rhode 4
48	48	Island legal services fee of five dollars ($5.00), and a technology surcharge of three dollars and 5
49	49	twenty-five cents ($3.25)) which is to paid by the clerk to the adverse party. 6
50	50	9-12-10.1. Claim of appeal to superior court in landlord tenant actions. 7
51	51	(a) In any civil action pursuant to chapter 18 of title 34, in the district court or other 8
52	52	appropriate court, any party may cause the case to be removed for trial on all questions of law and 9
53	53	fact to the superior court for the county in which division the suit is pending, by claiming an appeal 10
54	54	from the judgment of the district or other appropriate court, in writing, filed with the clerk of the 11
55	55	division within five (5) days, including Saturday, Sunday, or a state or federal legal holiday, after 12
56	56	the judgment is entered; provided, that the party claiming the appeal at the time of claiming the 13
57	57	appeal, shall pay to the clerk all costs, including an attorney’s fee of fifty dollars ($50.00) for the 14
58	58	party or parties adversely interested in the judgment, to be paid by the clerk to the attorney for the 15
59	59	adverse party; provided, further, that costs shall not be taxed, exclusive of the attorney’s fee, at a 16
60	60	sum less than twenty-five dollars ($25.00), in addition to a technology surcharge assessed in 17
61	61	accordance with § 8-15-11. 18
62	62	(b) If the plaintiff is filing the claim of appeal, the plaintiff shall pay to the clerk an appeal 19
63	63	fee of seventy-five dollars ($75.00). The appeal fee of seventy-five dollars ($75.00) shall be paid 20
64	64	to the adverse party or shall be divided equally when more than one party is involved. 21
65	65	(c) If the defendant is filing the claim of appeal, the defendant shall pay to the clerk an 22
66	66	appeal fee of one hundred and ninety-five dollars and seventy-five cents ($195.75), (an appeal fee 23
67	67	of fifty dollars ($50.00), a filing fee of seventy-five dollars ($75.00), a service fee of forty-five 24
68	68	dollars ($45.00), a civil case processing fee of seventeen dollars and fifty cents ($17.50), a Rhode 25
69	69	Island legal services fee of five dollars ($5.00), and a technology surcharge of three dollars and 26
70	70	twenty-five cents ($3.25)) which is to paid by the clerk to the adverse party. 27
71	71	SECTION 2. This act shall take effect upon passage. 28
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73	73	LC002413
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78	78	EXPLANATION
79	79	BY THE LEGISLATIVE COUNCIL
80	80	OF
81	81	A N A C T
82	82	RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY --
83	83	DISTRICT COURT PRACTICE
84	84	***
85	85	This act would amend the filing fees and time frame for certain claims of appeal to superior 1
86	86	court. 2
87	87	This act would take effect upon passage. 3
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89	89	LC002413
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