2013 -- S 0485

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS --GENERAL POWERS OF

SUPREME AND SUPERIOR COURTS

     Introduced By: Senators McCaffrey, and Lynch

     Date Introduced: February 28, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 8-6-5 of the General Laws in Chapter 8-6 entitled "General Powers

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of Supreme and Superior Courts" is hereby amended to read as follows:

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     8-6-5. Arbitration of civil actions. -- The presiding justice of the superior court may

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promulgate rules and regulations providing for compulsory and/or noncompulsory nonbinding

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arbitration of such category or categories of civil actions filed in or appealed to the superior court

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as he or she shall determine. The matter shall be heard by a single arbitrator who shall be selected

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by mutual agreement of the plaintiff(s) and defendant(s). If after thirty (30) days the plaintiff(s)

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and defendant(s) are unable to agree upon the selection of an arbitrator, a justice of the superior

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court shall select the arbitrator upon request in writing from either party. The costs of arbitration

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shall be borne by the Rhode Island state court system and a reasonable cost of the arbitration not

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to exceed three hundred dollars ($300) five hundred dollars ($500) per case may be assessed and

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apportioned to each of the parties by the superior court pursuant to rules and regulations

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promulgated by the presiding justice of the superior court consistent with section 8-6-6. The

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assessed costs received from the parties shall be deposited into the general fund. Any party

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dissatisfied with the decision of the arbitrator may demand a trial by jury if one was timely

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claimed in the complaint or answer, or a trial by judge if no jury trial was claimed. The decision

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of the arbitrator shall not be admissible at the trial. The court may require a party who rejects an

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arbitrator's award and demands a trial to post a two hundred dollar ($200) three hundred dollar

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($300) filing fee. The filing fee shall be posted with the superior court clerk arbitration office and

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deposited into an arbitration fund restricted receipt account established under the control of the

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state court director of finance. The arbitration funds shall not be subject to the indirect cost

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recoveries provisions set forth in section 35-4-27. If more than one party rejects the arbitrator's

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award and demands a trial, the filing fee, first received in the arbitration office, shall be

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apportioned amongst them designate the party rejecting the award. Should the verdict at trial be

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more favorable to the party than the arbitrator's award, the filing fee shall be reimbursed to that

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party. Should the verdict be equal to or less favorable to the party than the arbitrator's award, the

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filing fee posted shall be forfeited as a sanction. If forfeited as a sanction the fee shall remain

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available for program expenses from the arbitration fund restricted receipt account. The presiding

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justice of the superior court shall be authorized to retain the services of qualified arbitrators and to

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direct payment for such services and other related expenses from the arbitration fund restricted

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receipt account and may appoint an administrator of the arbitration program for a ten (10) year

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term and until a successor is appointed and qualified.

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     SECTION 2. This act shall take effect upon passage.

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LC01613

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS --GENERAL POWERS OF

SUPREME AND SUPERIOR COURTS

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     This act would increase the costs associated with the superior court arbitration program,

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and would make minor changes to the process.

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     This act would take effect upon passage.

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LC01613

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