2022 -- H 8207 | |
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LC005763 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
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A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY -- | |
JUDGMENTS, ORDERS, AND DECREES -- INTEREST IN CIVIL ACTIONS | |
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Introduced By: Representatives Edwards, Kennedy, Williams, and Carson | |
Date Introduced: May 04, 2022 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 9-21-10 of the General Laws in Chapter 9-21 entitled "Judgments, |
2 | Orders, and Decrees" is hereby amended to read as follows: |
3 | 9-21-10. Interest in civil actions. |
4 | (a) In any civil action in which a verdict is rendered or a decision made for pecuniary |
5 | damages, there shall be added by the clerk of the court to the amount of damages interest at the rate |
6 | of twelve percent (12%) per annum thereon from the date the cause of action accrued of the filing |
7 | of the civil action calculated at a rate equal to the coupon issue yield equivalent, as determined by |
8 | the U.S. Secretary of the Treasury, of the average accepted auction price for the last auction of |
9 | fifty-two (52) week U.S. Treasury bills settled immediately preceding the date of the filing of the |
10 | action, which shall be included in the judgment entered therein. Post-judgment interest shall be |
11 | calculated at the rate of twelve percent (12%) per annum and accrue on both the principal amount |
12 | of the judgment and the prejudgment interest entered therein a rate equal to the coupon issue yield |
13 | equivalent, as determined by the U.S. Secretary of the Treasury, of the average accepted auction |
14 | price for the last auction of fifty-two (52) week U.S. Treasury bills settled immediately preceding |
15 | the date of the filing of the action. This section shall not apply until entry of judgment or to any |
16 | contractual obligation where interest is already provided. |
17 | (b) Subsection (a) shall not apply in any action filed on or after January 1, 1987, for |
18 | personal injury or wrongful death filed against a licensed physician, hospital, clinic, health |
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1 | maintenance organization, professional service corporation providing health care services, dentist, |
2 | or dental hygienist based on professional negligence. In all such medical malpractice actions in |
3 | which a verdict is rendered or a decision made for pecuniary damages, there shall be added by the |
4 | clerk of the court to the amount of damages interest at the rate of twelve percent (12%) per annum |
5 | thereon from the date of written notice of the claim by the claimant or his or her representative to |
6 | the malpractice liability insurer, or to the medical or dental health care provider or the filing of the |
7 | civil action, whichever first occurs. |
8 | SECTION 2. This act shall take effect upon passage and shall apply to judgments entered |
9 | on or after the date of passage. |
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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 IN CIVIL ACTIONS | |
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1 | This act would provide that pre- and post-judgment interest on civil actions would begin |
2 | on the date of the filing of the civil action and would be calculated based upon a rate equal to the |
3 | coupon issue yield equivalent. |
4 | This act would take effect upon passage and would apply to judgments entered on or after |
5 | the date of passage. |
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