AN ACT RELATING TO COURTS AND CIVIL PROCEDURE-- PROCEDURE IN PARTICULAR ACTION -- SMALL CLAIMS AND CONSUMER CLAIMS (Simplifies the assessment of filing fees required to appeal from small claims and consumer matters adjudicated by the district court.)

S2975

2026 -- S 2975
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LC005278
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
____________
A N A C T
RELATING TO COURTS AND CIVIL PROCEDURE-- PROCEDURE IN PARTICULAR
ACTION -- SMALL CLAIMS AND CONSUMER CLAIMS

Introduced By:
Senator Mark P. McKenney

Date Introduced:
March 04, 2026

Referred To:
Senate Judiciary
(Judiciary)
It is enacted by the General Assembly as follows:
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SECTION 1. Sections 10-16-4, 10-16-9 and 10-16-14 of the General Laws in Chapter 10-
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16 entitled "Small Claims and Consumer Claims" are hereby amended to read as follows:
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10-16-4. Filing fee — Waiver of appeal.
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(a) The plaintiff shall pay into the court an entry fee of
fifty-five dollars ($55.00)

seventy-
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five dollars ($75.00)
,
inclusive of a civil case processing fee and a technology surcharge assessed
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in accordance with § 8-15-11, and
of which twenty dollars ($20.00) shall be placed in a “small
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claims mediation restricted-receipt account”
together with an amount equal to the then-prevailing
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postal rate, for mailing notices in the case, which shall be deemed the beginning of the action
. The
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“small claims mediation restricted-receipt account” shall be established under the control of the
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state court director of finance; the chief judge of the district court shall be authorized to pay for the
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services of qualified mediators and other related expenses from the “small claims mediation
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restricted-receipt account.”
In addition to the entry fee, the court shall apply a technology surcharge
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in accordance with § 8-15-11.
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(b) The plaintiff shall also file with
his or her

any
claim a written waiver of right of appeal.
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(c) The defendant shall file with any compulsory counterclaim a written waiver of the right
16
to appeal the counterclaim only.
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10-16-9. Filing of defense — Counterclaim.
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Prior to or upon the date set for answering the defendant shall in writing file in court his or

1
her answer or defense to the plaintiff’s claim and may claim any
compulsory
counterclaim he or
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she may have against the plaintiff’s claim, as he or she might plead the claim in an action begun by
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complaint and summons, and shall file a statement in writing of his or her
compulsory
counterclaim
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with the court, and the court shall determine which of the parties is entitled to decision against the
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other, and in what amount, and enter decision accordingly, but not exceeding the sum of
two
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thousand five hundred dollars ($2,500)

five thousand dollars ($5,000)
. If the defendant’s
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counterclaim shall exceed the sum of
two thousand five hundred dollars ($2,500)

five thousand
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dollars ($5,000)
, and in the opinion of the court there shall be due the defendant thereon an amount
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greater than
two thousand five hundred dollars ($2,500)

five thousand dollars ($5,000)
, the court
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shall enter decision against the plaintiff as in case of nonsuit, and for the defendant for his or her
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costs only, and shall not further adjudicate upon the claim of the defendant, whose right to sue for
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the claim shall remain in the same manner as before the commencement of the action. The court
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may continue the hearing from time to time as may be necessary.
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10-16-14.
Appeals by defendant
Appeals.
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(a) The defendant, if aggrieved by the decision of the district court in a cause brought under
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the provisions of this chapter, shall have the same right of appeal, and under the same terms and
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conditions, as are provided under the practice in ordinary civil actions in district courts.
The
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defendant shall, at the time of claiming the appeal, pay a seventy-five dollar ($75.00) filing fee,
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inclusive of a civil case processing fee and technology surcharge, if applicable, assessed in
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accordance with § 8-15-11.
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(b)
If the plaintiff is filing a claim of appeal on a counterclaim, the plaintiff shall pay an
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appeal filing fee of seventy-five dollars ($75.00), inclusive of a civil case processing fee and
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technology surcharge, if applicable, assessed in accordance with § 8-15-11.
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(c)
Notwithstanding the foregoing, in cases in which the plaintiff is the purchaser of a
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consumer product seeking to recover damages against the seller and/or manufacturer of that
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product, if the defendant is defaulted for failure to answer and defend the claim, the judgment of
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the district court shall be final. In such event, the defendant shall be deemed to have forfeited all
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rights to appeal and shall not be entitled to a trial de novo in superior court.
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SECTION 2. This act shall take effect on January 1, 2027.
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LC005278 - Page 2 of 3
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO COURTS AND CIVIL PROCEDURE-- PROCEDURE IN PARTICULAR
ACTION -- SMALL CLAIMS AND CONSUMER CLAIMS
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This act would simplify the assessment of filing fees required to appeal from small claims
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and consumer matters adjudicated by the district court, and would increase the amount of a
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compulsory counterclaim to be consistent with the jurisdictional amount of all small claims and
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consumer claims.
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This act would take effect on January 1, 2027.
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LC005278
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LC005278 - Page 3 of 3