2014 -- S 2546 AS AMENDED
Enacted 05/16/14
A N A C T
RELATING TO COURTS AND CIVIL PROCEDURE - COURTS - COURT ADMINISTRATION
Introduced By: Senators McCaffrey, Lynch, and Ciccone
Date Introduced: February 27, 2014
It is enacted by the General Assembly as follows:
SECTION 1. Chapter 8-15 of the General Laws entitled "Court Administration" is hereby amended by adding thereto the following section:
8-15-11. Electronic Filing and Online Payments.-- (a) In addition to any other filing fees or court costs required by law or court rule, parties to any court matter may be required to pay a technology surcharge or fee not to exceed twenty-five dollars ($25.00) at the inception or the conclusion of any case, or upon making any electronic payment online to any of the courts within the unified judicial system. Such surcharges or fees shall be determined by the state court administrator with the approval of the chief justice.
(b) The collection of technology surcharges shall be monitored and supervised by the judiciary's director of finance and shall be deposited into a restricted receipt account designated as "Rhode Island judiciary technology surcharge account," the proceeds of which shall be solely for use by the judiciary in support of its technology infrastructure and case management system. On or before January 15, 2015, and annually thereafter on or before January 15, the judiciary's director of finance shall file a report with the governor, the speaker of the house, and the president of the senate detailing: (1) The total amount of funds collected and deposited into the judiciary technology surcharge account for the most recently completed fiscal year; (2) The fund balance as of the date of the report; (3) An itemization of all expenditures and other uses of said funds from said account for the most recently completed fiscal year; and (4) An annual evaluation as to the appropriateness of the amount of the technology surcharge or fee.
(c) The implementation of electronic court records shall not alter the application of § 38-2-5 to any judicial records, whether in paper or electronic format.
SECTION 2. 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 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 § 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 three hundred dollar ($300) filing fee and pay a technology surcharge in accordance with §8-15-11.
The filing fee shall be posted with the superior court 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 § 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 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 (10)
term and until a successor is appointed and qualified.
SECTION 3. Sections 9-12-10 and 9-12-10.1 of the General Laws in Chapter 9-12 entitled "District Court Practice" are hereby amended to read as follows:
9-12-10. Claim of appeal of superior court. -- Except
as otherwise provided, in all civil cases in the district court, any party may
cause the case to be removed for trial on all questions of law and fact to the
superior court for the county in which division the suit is pending, by claiming an appeal from the judgment of the
district court, in writing, filed with the clerk of the division within two (2)
days, exclusive of Saturdays, Sundays,
and legal holidays, after the judgment
is entered; provided, that the party claiming the appeal, at the time of
claiming the appeal, shall pay to the clerk all costs, including an attorney's fee of fifty dollars ($50.00), for the party or parties adversely interested
in the judgment, to be paid by the clerk to the attorney for the adverse party.
The attorney's fee of fifty dollars ($50.00) shall be divided equally among the
attorneys for the parties adversely interested when more than one adverse party
is involved; and provided, further, that costs shall not be taxed, exclusive of
the attorney's fee, at a sum not less than twenty-five dollars ($25.00), in addition to a
technology surcharge assessed in accordance with § 8-15-11.
9-12-10.1. Claim of appeal to superior court in landlord tenant actions. -- In any civil action pursuant to chapter 18 of title 34, in the district court or other appropriate court, any party may cause the case to be removed for trial on all questions of law and fact to the superior court for the county in which division the suit is pending, by claiming an appeal from the judgment of the district or other appropriate court, in writing, filed with the clerk of the division within five (5) days after the judgment is entered; provided, that the party claiming the appeal at the time of claiming the appeal, shall pay to the clerk all costs, including an attorney's fee of fifty dollars ($50.00) for the party or parties adversely interested in the judgment, to be paid by the clerk to the attorney for the adverse party; provided, further, that costs shall not be taxed, exclusive of the attorney's fee, at a sum less than twenty-five dollars ($25.00), in addition to a technology surcharge assessed in accordance with § 8-15-11.
SECTION 4. Section 9-24-1 of the General Laws in Chapter 9-24 entitled "Appellate Proceedings" is hereby amended to read as follows:
9-24-1. Filing of appeal. -- Any
party aggrieved by a final judgment, decree, or order of the superior court
may, within the time prescribed by applicable procedural rules, appeal to the
supreme court. Subject to the provisions of applicable procedural rules, the party appeal
appealing shall be taken by filing file
a claim of appeal in the office of the clerk of the court from which the appeal
is taken, and shall deposit with the clerk an amount not exceeding fifty
dollars ($50.00) as prescribed by the rules and regulations of the supreme
court, in
addition to a technology surcharge assessed in accordance with § 8-15-11.
SECTION 5. Sections 9-29-1, 9-29-18, 9-29-19 and 9-29-20 of the General Laws in Chapter 9-29 entitled "Fees" are 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) (1) For the entry of every small claim
$55.00.
(2) (2) For the entry of every other action
$80.00.
(3) (3) For every writ of execution $20.00.
(b) In addition to
the fees set forth herein, the district court shall
apply a technology surcharge shall be placed on all filing fees assessed in accordance with § 8-15-11.
(c) Provided, that
five dollars ($5.00) of the fee for the entry of every action in subdivision
(a)(1) or (a)(2) or writ in subdivision (a)(3) shall be forwarded to Rhode
Island lLegal
sServices.
9-29-18. Superior court fees. -- (a) The superior court shall be allowed the following fees in full to be taxed in the bill of costs in every civil action:
(1) (1) For entry of every civil action, or petition $160.00.
(2) (2) For every writ of execution $50.00.
(3) (3) For the issuance of every citation
$25.00.
(b) In addition to
the fees set forth in subsection (a) of this section, the superior court shall apply a technology surcharge shall
be placed on all filing fees assessed in accordance with § 8-15-11.
(c) Provided, that ten dollars ($10.00) of the fee for the entry of every civil action or petition shall be forwarded to Rhode Island Legal Services.
9-29-19. Family court fees. -- (a) The family court shall be allowed the following fees in full to be taxed in the bill of costs in every domestic relations or other civil proceeding:
(1) (1) For the entry of every petition,
complaint, or action $120.00.
(2) (2) For every writ of execution $40.00.
(b) In addition to
the fees as set forth herein, the family court
shall apply a technology
surcharge on shall be placed on all filing
fees assessed
in accordance with § 8-15-11.
(c) Provided, that
ten dollars ($10.00) of the fee for the entry of every petition, complaint or
action shall be forwarded to Rhode Island lLegal sServices.
9-29-20. Supreme court fees. -- (a)
The supreme court, by a majority of its members, shall have the power to
prescribe by rule a fee of not more than one hundred fifty dollars ($150.00)
for docketing a civil appeal or docketing any other proceeding brought to
review a civil matter, and to prescribe a
waiver of the fee as to a person who is unable to pay the fee.
(b) Commencing July 1, 1992, in addition to the fees set
forth herein, the court, by a majority of its members, shall have the power to
prescribe by rule a surcharge in the amount of forty ($40.00) for docketing a
civil appeal or docketing any other proceeding brought to review a civil
matter.
(c)(b) Commencing July 1,
1999, the The court may increase the apply a
technology or other surcharge for
docketing a civil appeal or docketing any other proceeding brought before the
court in an amount not to exceed to
eighty-five dollars ($85.00).
SECTION 6. Section 10-16-4 of the General Laws in Chapter 10-16 entitled "Small Claims and Consumer Claims" is hereby amended to read as follows:
10-16-4. Filing fee – Waiver of appeal. -- (a) The plaintiff shall pay into the court an entry fee of fifty-five dollars ($55.00), of which twenty dollars ($20.00) shall be placed in a "small claims mediation restricted-receipt account" 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 restricted-receipt account" shall be established under the control of the state court director of finance; the chief judge of the district court shall be authorized to pay for the services of qualified mediators and other related expenses from the "small claims mediation restricted-receipt account." In addition to the entry fee, the court shall apply a technology surcharge in accordance with § 8-15-11.
(b) The plaintiff shall also file with his or her claim a written waiver of right of appeal.
SECTION 7. Chapter 12-20 of the General Laws entitled "Costs" is hereby amended by adding thereto the following section:
12-20-12. Technology Surcharge. -- A technology surcharge shall be assessed as a cost against the defendant in accordance with § 8-15-11.
SECTION 8. Section 28-35-32 of the General Laws in Chapter 28-35 entitled "Workers Compensation-Procedure" is hereby amended to read as follows:
28-35-32. Costs – Counsel and witness fees. -- No fee shall be charged by the clerk of any court or by the
administrator of the workers' compensation court for the performance of any
service required by this chapter, except for certified copies of decrees and
copies of transcripts. Notwithstanding any provisions of law to the
contrary, the workers' compensation court shall be allowed a filing fee of
twenty dollars ($20.00) for the filing of a petition under chapters 29 – 38 of
this title, and a filing fee of
twenty-five dollars ($25.00) for the filing of an appeal under § 28-35-28,
which sums shall be deposited to provide additional funding to the uninsured
employers fund as established by chapter 28-53
of this title. The workers' compensation court may charge fees for
certified copies of decrees and copies of transcripts. In addition to the fees
set forth herein, the workers' compensation court shall apply a technology
surcharge on all petitions and appeals in accordance with § 8-15-11.
In proceedings under this chapter, and in proceedings
under chapter 37 of this title, costs shall be awarded, including counsel fees
and fees for medical and other expert witnesses,
including interpreters, to employees who successfully prosecute petitions for
compensation,;
petitions for medical expenses,; petitions to amend a preliminary order or
memorandum of agreement,; and all other employee petitions, except
petitions for lump-sum commutation,; and to
employees who successfully defend, in whole or in part, proceedings seeking to
reduce or terminate any and all workers' compensation benefits,; and to
medical services providers who successfully prosecute petitions for the payment
of medical expenses, except that medical
services providers shall not be paid expert witness fees for testimony in
support of petitions filed in their behalf. These costs shall be assessed
against the employer by a single judge, by an appellate panel, and by the supreme court on appeal consistent
with the services rendered before each tribunal and shall be made a part of the
decree. No employee's attorney shall accept any other or additional fees for
his services for the particular petition for which the fees are awarded in each
tribunal.
SECTION 9. Sections 31-41.1-3, 31-41.1-4, 31-41.1-8, and 31-41.1-9 of the General Laws in Chapter 31-41.1 entitled "Adjudication of Traffic Offenses" are hereby amended to read as follows:
31-41.1-3. Method of payment. -- If the offending operator elects to dispose of the charge without personally appearing before the traffic tribunal, he or she shall execute the form indicated and return it to the traffic tribunal not later than twenty (20) days from the date of the summons, either by mailing or delivering the form and summons, to the violation section of the traffic tribunal, or to its designee, together with a check or money order in the amount indicated by the fine schedule on the form in addition to any technology surcharge applied by the traffic tribunal assessed in accordance with § 8-15-11.
31-41.1-4. Schedule of violations.-- (a)
The penalties for violations of the enumerated sections, listed in numerical
order, correspond to the fines described. However, those offenses for which
punishments which may vary according to
the severity of the offense, or punishment which
that require the violator to perform a
service, shall be heard and decided by the traffic tribunal or municipal court.
The following violations may be handled administratively through the method
prescribed in this chapter. This list is not exclusive and jurisdiction may be
conferred on the traffic tribunal with regard to other violations.
VIOLATIONS SCHEDULE
SEE THE BOOK FOR THE PROPER TABLE.
SPEEDING Fine
SEE THE BOOK FOR THE PROPER TABLE.
(b) In addition to any other penalties provided by law, a judge may impose the following penalties for speeding:
(1) For speeds up to
and including ten miles per hour (10 mph) over the posted speed limit on public
highways, a fine as provided for in subsection (a) of this section for the
first offense,;
ten dollars ($10.00) per mile for each mile in excess of the speed limit for
the second offense if within twelve (12) months of the first offense,; and
fifteen dollars ($15.00) per mile for each mile in excess of the speed limit
for the third and any subsequent offense if within twelve (12) months of the
first offense. In addition, the license may be suspended up to thirty (30)
days.
(2) For speeds in
excess of ten miles per hour (10 mph) over the posted speed limit on public
highways, a mandatory fine of ten dollars ($10.00) for each mile over the speed
limit for the first offense,; fifteen dollars ($15.00) per mile for each mile
in excess of the speed limit for the second offense if within twelve (12)
months of the first offense,; and twenty dollars ($20.00) per mile for each
mile in excess of the speed limit for the third and subsequent offense if
within twelve (12) months of the first offense. In addition, the license may be
suspended up to sixty (60) days.
(c) Except for a technology surcharge assessed in accordance
with § 8-15-11, Any any person charged with a violation who pays the
fine administratively pursuant to chapter 8.2
41.1 of title 8 31 shall not be
subject to any additional costs or assessments, including, but not limited to,
the hearing fee established in § 8-18-4 or
assessment for substance abuse prevention.
31-41.1-8. Appellate review. -- (a) Appeals panels. The chief magistrate of the traffic tribunal shall establish one or more appeals panels, each consisting of three (3) members of the traffic tribunal, and shall select a presiding member for each appeals panel from the members so appointed. No member of the traffic tribunal shall serve as a member of an appeals panel hearing the appeal of a determination by that member. The chief judge shall also designate any other personnel of the traffic tribunal that may be necessary to assist an appeals panel in carrying out its functions.
(b) Right of appeal. Any person who is aggrieved by a determination of a judge or magistrate may appeal the determination pursuant to the provisions of this section.
(c) Appeals panel. Each appeal filed pursuant to this section shall be reviewed by an appeals panel, which shall make a determination of the appeal, and shall cause an appropriate order to be entered in the records of the traffic tribunal.
(d) Time
limitations. No appeal shall be reviewed if it is filed more than ten
(10) days after notice was given of the determination appealed from which it
was appealed, unless it is determined that failure to file was due
to excusable neglect. Notice shall be complete upon mailing.
(e) Appeal
procedures. Any person desiring to file an appeal from an adverse
determination pursuant to this section shall do so in a form and manner
provided by the clerk of the traffic tribunal. The transcript of any hearing which that formed
the basis for the determination will be reviewed only if it is submitted by the
appellant. An appeal shall not be deemed to be finally submitted until the
appellant has submitted all forms or documents required to be submitted by the
clerk of the traffic tribunal or by this section.
(f) Standard of
review. The appeals panel shall not substitute its judgment for that
of the judge or magistrate as to the weight of the evidence on questions of
fact. The appeals panel may affirm the decision of the judge or magistrate, or
it may remand the case for further proceedings or reverse or modify the
decision if the substantial rights of the appellant have been prejudicial prejudiced
because the judge's findings, inferences, conclusions or decisions are:
(1) In violation of constitutional or statutory provisions;
(2) In excess of the statutory authority of the judge or magistrate;
(3) Made upon unlawful procedure;
(4) Affected by other error of law;
(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(g) Transcript of hearings. Transcripts of the record of any hearing may be obtained at the cost of the traffic tribunal, if prepared by the tribunal, or at a rate specified in the contract between the court and the contractor, if prepared by a private contractor.
(h) Fees. The
fee for filing an appeal shall be twenty-five dollars ($25.00), and this fee shall be deposited into the general
fund. In addition to the appeal filing fee, the
traffic tribunal shall apply a technology surcharge assessed in accordance with
§ 8-15-11. No appeal shall be accepted unless the required fee has
been paid or if forma pauperis status has been granted.
(i) Stays pending appeal. Whenever a determination has not been made within thirty (30) days after an appeal has been finally submitted, a stay of execution will be deemed granted by operation of law, and the license, certificate, permit, or privilege affected will be automatically restored pending final determination by the appeals panel.
31-41.1-9. Appeals to district court. -- (a) Right of appeal. Any person who is aggrieved by a determination of an appeals panel may appeal the determination pursuant to the provisions of this section.
(b) Time limitations. No
appeal shall be reviewed if it is filed more than ten (10) days after notice
was given of the determination appealed
from which it was appealed. Notice shall
be complete upon mailing.
(c) Appeal procedures. Any
person desiring to file an appeal from an adverse determination pursuant to
this section shall do so in a form and manner provided by the clerk of the
traffic tribunal. The transcript of any hearing which
that formed the basis for the
determination will be reviewed only if it is submitted by the appellant. An
appeal shall not be deemed to be finally submitted until the appellant has
submitted all forms or documents required to be submitted by the clerk of the
traffic tribunal or by this section.
(d) Standard of review. The
judge of the district court shall not substitute his or her judgment for that
of the appeals panel as to the weight of the evidence on questions of fact. The
district court judge may affirm the decision of the appeals panel, or may remand
the case for further proceedings or reverse or modify the decision if the
substantial rights of the appellant have been prejudicial
prejudiced because the appeals panel's
findings, inferences, conclusions or decisions are:
(1) In violation of constitutional or statutory provisions;
(2) In excess of the statutory authority of the appeals panel;
(3) Made upon unlawful procedure;
(4) Affected by other error of law;
(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(e) Transcript of hearings. Transcripts of the record of any hearing may be obtained at the cost of the traffic tribunal, if prepared by the tribunal, or at a rate specified in the contract between the tribunal and the contractor, if prepared by a private contractor.
(f) Fees. The
fee for filing an appeal shall be twenty-five dollars ($25.00), and this fee shall be deposited into the general
fund. In addition to the appeal filing fee, the
traffic tribunal shall apply a technology surcharge assessed in accordance with § 8-15-11. No appeal shall be accepted unless the required
fee has been paid or if forma pauperis status has been granted.
(g) Stays pending appeal. Whenever a determination has not been made within thirty (30) days after an appeal has been finally submitted, a stay of execution will be deemed granted by operation of law, and the license, certificate, permit, or privilege affected will be automatically restored pending final determination by the district court.
(h) Certiorari. Any person who has exhausted all remedies available to him or her under the provisions of this section, including an appeal before the district court, may seek review by petition for writ of certiorari to the supreme court.
SECTION 10. This act shall take effect upon passage.
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LC003997
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