2017 -- H 5305

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LC001129

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY --

JUDGMENTS, ORDERS AND DECREES -- INTEREST ON JUDGMENTS

     Introduced By: Representative Joseph M. McNamara

     Date Introduced: February 01, 2017

     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 the cause of action accrued of 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 on January 1, 2018.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY --

JUDGMENTS, ORDERS AND DECREES -- INTEREST ON JUDGMENTS

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     This act would provide that interest on judgments would accrue from the date of the

filing of the civil action and not the date the cause of action accrued. This would also apply to

medical malpractice claims by repealing the section which provides that interest on the claim

would run from the date of notice of the claim to the liability insurer or healthcare provider.

     This act would take effect on January 1, 2018.

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