2014 -- H 7270

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LC003546

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY

     Introduced By: Representatives Morgan, Chippendale, Giarrusso, and Costa

     Date Introduced: January 30, 2014

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 9-21-10 of the General Laws in Chapter 9-21 entitled "Judgments,

Orders, and Decrees" is hereby amended to read as follows:

     9-21-10. Interest in civil actions. -- (a) In any civil action in which a verdict is rendered

or a decision made for pecuniary damages, there shall be added by the clerk of the court to the

amount of damages interest at the rate of twelve percent (12%) per annum thereon from the date

of the cause of action accrued the filing of the civil action, which shall be included in the

judgment entered therein. Post-judgment interest shall be calculated at the rate of twelve percent

(12%) per annum and accrue on both the principal amount of the judgment and the prejudgment

interest entered therein. This section shall not apply until entry of judgment or to any contractual

obligation where interest is already provided.

      (b) Subsection (a) shall not apply in any action filed on or after January 1, 1987, for

personal injury or wrongful death filed against a licensed physician, hospital, clinic, health

maintenance organization, professional service corporation providing health care services, dentist,

or dental hygienist based on professional negligence. In all such medical malpractice actions in

which a verdict is rendered or a decision made for pecuniary damages, there shall be added by the

clerk of the court to the amount of damages interest at the rate of twelve percent (12%) per annum

thereon from the date of written notice of the claim by the claimant or his or her representative to

the malpractice liability insurer, or to the medical or dental health care provider or the filing of

the civil action, whichever first occurs.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY

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     This act would cause pre-judgment interest in a civil action to accrue only upon the filing

of a civil action.

     This act would take effect upon passage.

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