2025 -- H 5642

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LC001487

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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 GENERALLY --

DISTRICT COURT PRACTICE

     Introduced By: Representative Matthew S. Dawson

     Date Introduced: February 26, 2025

     Referred To: House Judiciary

     (Judiciary)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 9-12-10 and 9-12-10.1 of the General Laws in Chapter 9-12 entitled

"District Court Practice" are hereby amended to read as follows:

     9-12-10. Claim of appeal of superior court Claim of appeal to the superior court in

civil cases.

     Except as otherwise provided, in all civil cases in the district court, any party may cause

the case to be removed for trial on all questions of law and fact to the superior court for the county

in which division the suit is pending by claiming an appeal from the judgment of the district court,

in writing, filed with the clerk of the division within two (2) days, exclusive of Saturdays, Sundays,

and legal holidays, after the judgment is entered; provided, that the party claiming the appeal, at

the time of claiming the appeal, shall pay to the clerk all costs, including an attorney’s fee of fifty

dollars ($50.00), for the party or parties adversely interested in the judgment, to be paid by the clerk

to the attorney for the adverse party. The attorney’s fee of fifty dollars ($50.00) shall be divided

equally among the attorneys for the parties adversely interested when more than one adverse party

is involved; and provided, further, that costs shall not be taxed, exclusive of the attorney’s fee, at a

sum not less than twenty-five dollars ($25.00), in addition to a seventy-five dollar ($75.00) filing

fee, inclusive of a civil case processing fee and a technology surcharge assessed in accordance with

§ 8-15-11.

     9-12-10.1. Claim of appeal to superior court in landlord tenant actions.

     In any civil action pursuant to chapter 18 of title 34, in the district court or other appropriate

court, any party may cause the case to be removed for trial on all questions of law and fact to the

superior court for the county in which division the suit is pending, by claiming an appeal from the

judgment of the district or other appropriate court, in writing, filed with the clerk of the division

within five (5) days, inclusive of Saturdays, Sundays or legal holidays, after the judgment is

entered; provided, that the party claiming the appeal at the time of claiming the appeal, shall pay to

the clerk all costs, including an attorney’s fee of fifty dollars ($50.00) for the party or parties

adversely interested in the judgment, to be paid by the clerk to the attorney for the adverse party;

provided, further, that costs shall not be taxed, exclusive of the attorney’s fee, at a sum less than

twenty-five dollars ($25.00), in addition to a seventy-five dollar ($75.00) filing fee, inclusive of a

civil case processing fee and a technology surcharge assessed in accordance with § 8-15-11.

     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 GENERALLY --

DISTRICT COURT PRACTICE

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     This act would provide amendments to the assessment of filing fees required to appeal from

certain matters adjudicated by the district court.

     This act would take effect on January 1, 2026.

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