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