AN ACT RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY -- DISTRICT COURT PRACTICE

2025 Regular Session Introduced by Matthew Dawson

HB 5642 standardizes RI district-to-superior court appeals by fixing a $75 filing fee (processing/tech), a $50 adverse-party attorney fee, and at least $25 costs; deadlines unchanged.

03/11/2025 Committee recommended measure be held for further study

Bill Summary — HB 5642 (2025)

Title: AN ACT RELATING TO COURTS AND CIVIL PROCEDURE — PROCEDURE GENERALLY — DISTRICT COURT PRACTICE
Introduced by: Rep. Matthew S. Dawson
Introduced: February 26, 2025 (filed March 14, 2025)
Status (most recent): 03/11/2025 — Committee recommended measure be held for further study
Effective date (if enacted): January 1, 2026

Purpose / Intent

HB 5642 amends Rhode Island’s district court practice statutes to specify and standardize the filing fees and associated costs required when a party appeals (removes) a civil or landlord‑tenant case from district court to the superior court. The changes clarify fee amounts and how certain charges are allocated.

Key provisions

Amends R.I. Gen. Laws §§ 9-12-10 and 9-12-10.1 (appeals from district court to superior court).

Filing deadlines for claiming an appeal remain:

Civil cases generally: within two (2) days (exclusive of Saturdays, Sundays, and legal holidays) after entry of judgment.
Landlord‑tenant actions (chapter 34 of title 34): within five (5) days (inclusive of Saturdays, Sundays, and legal holidays) after entry of judgment.

Fee and cost structure (as set out in the bill):

An attorney’s fee of $50.00 shall be paid by the appellant to the clerk at the time of claiming the appeal; the clerk pays that fee to the attorney for the adverse party. If multiple adverse parties have separate attorneys, the $50 is divided equally among them.
Costs (exclusive of the $50 attorney’s fee) shall not be taxed at less than $25.00.
In addition to the above, a $75.00 filing fee is required; this $75 is described as “inclusive of a civil case processing fee and a technology surcharge” assessed per § 8-15-11.

The bill explicitly ties the $75 filing fee to the civil case processing fee and technology surcharge mechanism in § 8-15-11.

Who is affected

Litigants and attorneys pursuing appeals from district court judgments to superior court in Rhode Island (both general civil and landlord‑tenant matters).

District court clerks, who will collect and disburse the specified fees.

The provision affects adverse‑party attorneys (who receive the $50 appellate attorney fee).

Procedural / fiscal notes

The bill standardizes and codifies specific dollar amounts for appellate-related fees effective January 1, 2026.

The fiscal impact is not detailed in the bill text; the net effect is likely modest revenue to the court system (filing fee and processing/technology surcharges) and a set transfer of $50 to adverse‑party counsel at the time of appeal.

Legislative action timeline highlights:

Referred to House Judiciary (02/26/2025).
Committee consideration and subcommittee hearings occurred (March–May 2025).
03/11/2025: Committee recommended the measure be held for further study (current disposition at that date).
Subsequent subcommittee activity recorded on 05/05/2025 (public hearing, testimony taken, left pending).

Bottom line

HB 5642 does not change appeal deadlines or substantive appeal rights. Its primary effect is to clarify and set specific fee amounts — a $75 filing fee (covering processing and tech surcharges), a $50 attorney’s fee to adverse counsel, and a minimum taxable cost of $25 — required when removing district court civil and landlord‑tenant matters to superior court.