Chapter 212

2004 -- S 2110 SUBSTITUTE A AS AMENDED

Enacted 06/30/04

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - SMALL CLAIMS AND CONSUMER

CLAIMS

Introduced By: Senators Walaska, Cote, Polisena, McCaffrey, and Bates

Date Introduced: January 20, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 10-16-1, 10-16-4 and 10-16-5 of the General Laws in Chapter 10-

16 entitled "Small Claims and Consumer Claims" are hereby amended to read as follows:

10-16-1. Actions subject to chapter. -- In all ex contract civil actions and in any action

to recover the amount of any tax for money only not in excess of one two thousand five hundred

dollars ($1,500) ($2,500) exclusive of interest and costs, and in all actions or suits to recover

damages resulting from a retail sale of tangible personal property to a member of the general

public or from services rendered to a member of the general public in which the plaintiff seeks to

recover an amount of money only not in excess of one two thousand five hundred dollars

($1,500) ($2,500) exclusive of interest and costs, and in all actions or suits based upon a

negotiable instrument involving an amount of money only not in excess of one two thousand five

hundred dollars ($1,500) ($2,500) exclusive of interest and costs, the procedure shall, at the

plaintiff's election, shown by his or her waiver of appeal, be as provided by this chapter.

10-16-4. Filing fee -- Waiver of appeal. -- (a) The plaintiff shall pay into the court an

entry fee of ten thirty dollars ($10.00) ($30.00), of which five dollars ($5.00) shall be deposited

into the "court improvement project fund" established pursuant to the provisions of chapter 29.1

of title 9, ten dollars ($10.00) shall be placed in a "small claims mediation fund" together with an

amount equal to the then prevailing postal rate, for mailing notices in the case, which shall be

deemed the beginning of the action. The "small claims mediation fund" shall be established

under the control of the state court director of finance; the chief judge of the district court shall be

authorized to retain the services of qualified mediators and to direct payment for such services

from the "small claims mediation fund."

      (b) The plaintiff shall also file with his or her claim a written waiver of right of appeal.

10-16-5. Rules of procedure. -- (a) The judges of the district court shall make such

orders and rules as they deem necessary concerning the hearing and determination of small

claims, including suitable forms of procedure in such cases.

(b) The chief judge of the district court shall be authorized to establish a system of

mandatory mediation for all small claims actions other than actions relating to book accounts for

a sum certain. The judges of the district court shall be authorized to make such rules as may be

necessary for the establishment of said mandatory mediation system.

     SECTION 2. Section 9-29-1 of the General Laws in Chapter 9-29 entitled "Fees" is

hereby amended to read as follows:

9-29-1. District court fees. -- (a) Every district court shall be allowed the following fees

in full, to be taxed in the bill of costs in every civil action:

     (1) For the entry of every small claim .......................... $11.00 $30.00

     (2) For the entry of every other action ......................... $60.00

     (3) For every writ of execution ............................….... $10.00

     (b) In addition to the fees set forth herein, a surcharge shall be placed on all filing fees.

     SECTION 3. This act shall take effect upon passage.

=======

LC00733/SUB A

=======