2013 -- S 0143

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PARTICULAR ACTIONS - SMALL

CLAIMS AND CONSUMER CLAIMS

     Introduced By: Senators Walaska, Felag, and Bates

     Date Introduced: January 24, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 10-16-9 of the General Laws in Chapter 10-16 entitled "Small

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Claims and Consumer Claims" is hereby amended to read as follows:

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     10-16-9. Filing of defense -- Counterclaim. -- Prior to or upon the date set for

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answering the defendant shall in writing file in court his or her answer or defense to the plaintiff's

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claim and may claim any counterclaim he or she may have against the plaintiff's claim, as he or

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she might plead the claim in an action begun by complaint and summons, and shall file a

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statement in writing of his or her counterclaim with the court, and the court shall determine which

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of the parties is entitled to decision against the other, and in what amount, and enter decision

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accordingly, but not exceeding the sum of one thousand five hundred dollars ($1,500) two

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thousand five hundred dollars ($2,500). If the defendant's counterclaim shall exceed the sum of

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one thousand five hundred dollars ($1,500) two thousand five hundred dollars ($2,500), and in

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the opinion of the court there shall be due the defendant thereon an amount greater than one

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thousand five hundred dollars ($1,500) two thousand five hundred dollars ($2,500), the court

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shall enter decision against the plaintiff as in case of nonsuit, and for the defendant for his or her

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costs only, and shall not further adjudicate upon the claim of the defendant, whose right to sue for

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the claim shall remain in the same manner as before the commencement of the action. The court

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may continue the hearing from time to time as may be necessary.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PARTICULAR ACTIONS - SMALL

CLAIMS AND CONSUMER CLAIMS

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     This act would increase the jurisdictional limit on counterclaims from one thousand five

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hundred dollars ($1,500) to two thousand five hundred dollars ($2,500).

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     This act would take effect upon passage.

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LC00405

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