| Chapter 324 |
| 2026 -- H 7643 Enacted 06/24/2026 |
| A N A C T |
| RELATING TO COURTS AND CIVIL PROCEDURE-- PROCEDURE IN PARTICULAR ACTION -- SMALL CLAIMS AND CONSUMER CLAIMS |
Introduced By: Representative Susan R. Donovan |
| Date Introduced: February 11, 2026 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Sections 10-16-4, 10-16-9 and 10-16-14 of the General Laws in Chapter 10- |
| 16 entitled "Small Claims and Consumer Claims" are hereby amended to read as follows: |
| 10-16-4. Filing fee — Waiver of appeal. |
| (a) The plaintiff shall pay into the court an entry fee of fifty-five dollars ($55.00) seventy- |
| five dollars ($75.00), inclusive of a civil case processing fee and a technology surcharge assessed |
| in accordance with § 8-15-11, and of which twenty dollars ($20.00) shall be placed in a “small |
| claims mediation restricted-receipt account” together with an amount equal to the then-prevailing |
| postal rate, for mailing notices in the case, which shall be deemed the beginning of the action. The |
| “small claims mediation restricted-receipt account” shall be established under the control of the |
| state court director of finance; the chief judge of the district court shall be authorized to pay for the |
| services of qualified mediators and other related expenses from the “small claims mediation |
| restricted-receipt account.” In addition to the entry fee, the court shall apply a technology surcharge |
| in accordance with § 8-15-11. |
| (b) The plaintiff shall also file with his or her any claim a written waiver of right of appeal. |
| (c) The defendant shall file with any compulsory counterclaim a written waiver of the right |
| to appeal the counterclaim only. |
| 10-16-9. Filing of defense — Counterclaim. |
| Prior to or upon the date set for answering the defendant shall in writing file in court his or |
| her answer or defense to the plaintiff’s claim and may claim any compulsory counterclaim he or |
| she may have against the plaintiff’s claim, as he or she might plead the claim in an action begun by |
| complaint and summons, and shall file a statement in writing of his or her compulsory counterclaim |
| with the court, and the court shall determine which of the parties is entitled to decision against the |
| other, and in what amount, and enter decision accordingly, but not exceeding the sum of two |
| thousand five hundred dollars ($2,500) five thousand dollars ($5,000). If the defendant’s |
| counterclaim shall exceed the sum of two thousand five hundred dollars ($2,500) five thousand |
| dollars ($5,000), and in the opinion of the court there shall be due the defendant thereon an amount |
| greater than two thousand five hundred dollars ($2,500) five thousand dollars ($5,000), the court |
| shall enter decision against the plaintiff as in case of nonsuit, and for the defendant for his or her |
| costs only, and shall not further adjudicate upon the claim of the defendant, whose right to sue for |
| the claim shall remain in the same manner as before the commencement of the action. The court |
| may continue the hearing from time to time as may be necessary. |
| 10-16-14. Appeals by defendant Appeals. |
| (a) The defendant, if aggrieved by the decision of the district court in a cause brought under |
| the provisions of this chapter, shall have the same right of appeal, and under the same terms and |
| conditions, as are provided under the practice in ordinary civil actions in district courts. The |
| defendant shall, at the time of claiming the appeal, pay a seventy-five dollar ($75.00) filing fee, |
| inclusive of a civil case processing fee and technology surcharge, if applicable, assessed in |
| accordance with § 8-15-11. |
| (b) If the plaintiff is filing a claim of appeal on a counterclaim, the plaintiff shall pay an |
| appeal filing fee of seventy-five dollars ($75.00), inclusive of a civil case processing fee and |
| technology surcharge, if applicable, assessed in accordance with § 8-15-11. |
| (c) Notwithstanding the foregoing, in cases in which the plaintiff is the purchaser of a |
| consumer product seeking to recover damages against the seller and/or manufacturer of that |
| product, if the defendant is defaulted for failure to answer and defend the claim, the judgment of |
| the district court shall be final. In such event, the defendant shall be deemed to have forfeited all |
| rights to appeal and shall not be entitled to a trial de novo in superior court. |
| SECTION 2. This act shall take effect on January 1, 2027. |
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| LC005101 |
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