Chapter 293
2013 -- H 5662
Enacted 07/15/13
A N A C T
RELATING TO
COURTS AND CIVIL PROCEDURE -- COURTS --GENERAL POWERS OF SUPREME AND SUPERIOR
COURTS
Introduced By: Representatives Blazejewski, Keable, Mattiello, Craven, and DeSimone
Date Introduced: February 27, 2013
It is enacted by the
General Assembly as follows:
SECTION 1. Section 8-6-5 of the General Laws in Chapter 8-6
entitled "General Powers
of Supreme and Superior Courts" is hereby amended
to read as follows:
8-6-5.
Arbitration of civil actions. -- The presiding
justice of the superior court may
promulgate rules and regulations providing for compulsory and/or
noncompulsory nonbinding
arbitration of such category or categories of civil actions filed
in or appealed to the superior court
as he or she shall determine. The matter shall be heard
by a single arbitrator who shall be selected
by mutual agreement of the plaintiff(s) and
defendant(s). If after thirty (30) days the plaintiff(s)
and defendant(s) are unable to agree upon the selection
of an arbitrator, a justice of the superior
court shall select the arbitrator upon request in writing
from either party. The costs of arbitration
shall be borne by the
to exceed three hundred dollars ($300) five
hundred dollars ($500) per case may be assessed and
apportioned to each of the parties by the superior court pursuant
to rules and regulations
promulgated by the presiding justice of the superior court
consistent with section 8-6-6. The
assessed costs received from the parties shall be deposited
into the general fund. Any party
dissatisfied with the decision of the arbitrator may demand a
trial by jury if one was timely
claimed in the complaint or answer, or a trial by judge if no
jury trial was claimed. The decision
of the arbitrator shall not be admissible at the trial.
The court may require a party who rejects an
arbitrator's award and demands a trial to post a two hundred
dollar ($200) three hundred dollar
($300) filing fee.
The filing fee shall be posted with the superior court clerk arbitration
office and
deposited into an arbitration fund restricted receipt account
established under the control of the
state court director of finance. The arbitration funds
shall not be subject to the indirect cost
recoveries provisions set forth in section 35-4-27. If more than
one party rejects the arbitrator's
award and demands a trial, the filing fee, first
received in the arbitration office, shall be
apportioned amongst them
designate the party rejecting the award. Should the verdict at trial be
more favorable to the party than the arbitrator's award,
the filing fee shall be reimbursed to that
party. Should the verdict be equal to or less favorable to
the party than the arbitrator's award, the
filing fee posted shall be forfeited as a sanction. If
forfeited as a sanction the fee shall remain
available for program expenses from the arbitration fund
restricted receipt account. The presiding
justice of the superior court shall be authorized to retain
the services of qualified arbitrators and to
direct payment for such services and other related expenses
from the arbitration fund restricted
receipt account and may appoint an administrator of the
arbitration program for a ten (10) year
term and until a successor is appointed and qualified.
SECTION 2. This act shall take effect upon passage.
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LC01627
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