Chapter 293

2013 -- H 5662

Enacted 07/15/13

 

A N A C T

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

 

     Introduced By: Representatives Blazejewski, Keable, Mattiello, Craven, and DeSimone

     Date Introduced: February 27, 2013

 

It is enacted by the General Assembly as follows:

 

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

term and until a successor is appointed and qualified.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC01627

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