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2012 -- S 2842 | |
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LC02333 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2012 | |
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A N A C T | |
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RELATING TO COURTS AND CIVIL PROCEDURE - PARTICULAR ACTIONS - SMALL | |
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CLAIMS AND CONSUMER CLAIMS | |
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Introduced By: Senators Walaska, McCaffrey, and Lynch | |
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Date Introduced: March 28, 2012 | |
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Referred To: Senate Judiciary | |
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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 |
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thousand five hundred dollars ($2,500). If the defendant's counterclaim shall exceed the sum of |
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the opinion of the court there shall be due the defendant thereon an amount greater than |
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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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LC02333 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO COURTS AND CIVIL PROCEDURE - PARTICULAR ACTIONS - SMALL | |
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CLAIMS AND CONSUMER CLAIMS | |
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This act would allow the courts to render decisions on counterclaims from a jurisdictional |
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maximum of one thousand five hundred dollars ($1,500) to two thousand five hundred dollars |
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($2,500). |
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This act would take effect upon passage. |
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LC02333 | |
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