Rhode Island 2025 Regular Session

Rhode Island House Bill H5641 Compare Versions

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

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5	5	2025 -- H 5641
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7	7	LC001495
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
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13	13
14	14	A N A C T
15	15	RELATING TO COURTS AND CIVIL PROCEDURE-- PROCEDURE IN PARTICULAR
16	16	ACTION -- SMALL CLAIMS AND CONSUMER CLAI MS
17	17	Introduced By: Representatives Donovan, Fogarty, and McEntee
18	18	Date Introduced: February 26, 2025
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 10-16-4, 10-16-9 and 10-16-14 of the General Laws in Chapter 10-1
24	24	16 entitled "Small Claims and Consumer Claims" are hereby amended to read as follows: 2
25	25	10-16-4. Filing fee — Waiver of appeal. 3
26	26	(a) The plaintiff shall pay into the court an entry fee of fifty-five dollars ($55.00) seventy-4
27	27	five dollars ($75.00), inclusive of a civil case processing fee and a technology surcharge assessed 5
28	28	in accordance with § 8-15-11, and of which twenty dollars ($20.00) shall be placed in a “small 6
29	29	claims mediation restricted-receipt account” together with an amount equal to the then-prevailing 7
30	30	postal rate, for mailing notices in the case, which shall be deemed the beginning of the action. The 8
31	31	“small claims mediation restricted-receipt account” shall be established under the control of the 9
32	32	state court director of finance; the chief judge of the district court shall be authorized to pay for the 10
33	33	services of qualified mediators and other related expenses from the “small claims mediation 11
34	34	restricted-receipt account.” In addition to the entry fee, the court shall apply a technology surcharge 12
35	35	in accordance with § 8-15-11. 13
36	36	(b) The plaintiff shall also file with his or her any claim a written waiver of right of appeal. 14
37	37	(c) The defendant shall file with any compulsory counterclaim a written waiver of the right 15
38	38	to appeal the counterclaim only. 16
39	39	10-16-9. Filing of defense — Counterclaim. 17
40	40	Prior to or upon the date set for answering the defendant shall in writing file in court his or 18
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44	44	her answer or defense to the plaintiff’s claim and may claim any compulsory counterclaim he or 1
45	45	she may have against the plaintiff’s claim, as he or she might plead the claim in an action begun by 2
46	46	complaint and summons, and shall file a statement in writing of his or her compulsory counterclaim 3
47	47	with the court, and the court shall determine which of the parties is entitled to decision against the 4
48	48	other, and in what amount, and enter decision accordingly, but not exceeding the sum of two 5
49	49	thousand five hundred dollars ($2,500) five thousand dollars ($5,000). If the defendant’s 6
50	50	counterclaim shall exceed the sum of two thousand five hundred dollars ($2,500) five thousand 7
51	51	dollars ($5,000), and in the opinion of the court there shall be due the defendant thereon an amount 8
52	52	greater than two thousand five hundred dollars ($2,500) five thousand dollars ($5,000), the court 9
53	53	shall enter decision against the plaintiff as in case of nonsuit, and for the defendant for his or her 10
54	54	costs only, and shall not further adjudicate upon the claim of the defendant, whose right to sue for 11
55	55	the claim shall remain in the same manner as before the commencement of the action. The court 12
56	56	may continue the hearing from time to time as may be necessary. 13
57	57	10-16-14. Appeals by defendant Appeals. 14
58	58	(a) The defendant, if aggrieved by the decision of the district court in a cause brought under 15
59	59	the provisions of this chapter, shall have the same right of appeal, and under the same terms and 16
60	60	conditions, as are provided under the practice in ordinary civil actions in district courts. The 17
61	61	defendant shall, at the time of claiming the appeal, pay a seventy-five dollar ($75.00) filing fee, 18
62	62	inclusive of a civil case processing fee and technology surcharge, if applicable, assessed in 19
63	63	accordance with § 8-15-11. 20
64	64	(b) If the plaintiff is filing a claim of appeal on a counterclaim, the plaintiff shall pay an 21
65	65	appeal filing fee of seventy-five dollars ($75.00), inclusive of a civil case processing fee and 22
66	66	technology surcharge, if applicable, assessed in accordance with § 8-15-11. 23
67	67	(c) Notwithstanding the foregoing, in cases in which the plaintiff is the purchaser of a 24
68	68	consumer product seeking to recover damages against the seller and/or manufacturer of that 25
69	69	product, if the defendant is defaulted for failure to answer and defend the claim, the judgment of 26
70	70	the district court shall be final. In such event, the defendant shall be deemed to have forfeited all 27
71	71	rights to appeal and shall not be entitled to a trial de novo in superior court. 28
72	72	SECTION 2. This act shall take effect on January 1, 2026. 29
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79	79	EXPLANATION
80	80	BY THE LEGISLATIVE COUNCIL
81	81	OF
82	82	A N A C T
83	83	RELATING TO COURTS AND CIVIL PROCEDURE-- PROCEDURE IN PARTICULAR
84	84	ACTION -- SMALL CLAIMS AND CONSUMER CLAI MS
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86	86	This act would simplify the assessment of filing fees required to appeal from small claims 1
87	87	and consumer matters adjudicated by the district court, and would increase the amount of a 2
88	88	compulsory counterclaim to be consistent with the jurisdictional amount of all small claims and 3
89	89	consumer claims. 4
90	90	This act would take effect on January 1, 2026. 5
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