2025 -- H 5641

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE-- PROCEDURE IN PARTICULAR

ACTION -- SMALL CLAIMS AND CONSUMER CLAIMS

     Introduced By: Representatives Donovan, Fogarty, and McEntee

     Date Introduced: February 26, 2025

     Referred To: House Judiciary

     (Judiciary)

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, 2026.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE-- PROCEDURE IN PARTICULAR

ACTION -- SMALL CLAIMS AND CONSUMER CLAIMS

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     This act would simplify the assessment of filing fees required to appeal from small claims

and consumer matters adjudicated by the district court, and would increase the amount of a

compulsory counterclaim to be consistent with the jurisdictional amount of all small claims and

consumer claims.

     This act would take effect on January 1, 2026.

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