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SB 2975

AN ACT RELATING TO COURTS AND CIVIL PROCEDURE-- PROCEDURE IN PARTICULAR ACTION -- SMALL CLAIMS AND CONSUMER CLAIMS

2026 Regular Session Introduced by Mark McKenney

Rhode Island SB 2975 standardizes and raises fees, adds a $5,000 cap on compulsory counterclaims, requires an appeal waiver, and creates a dedicated mediation funding account.

06/24/2026 Effective without Governor's signature
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Bill Summary · SB 2975

Summary of SB 2975 (Rhode Island, 2026)

Purpose and intent

  • This act amends Rhode Island law governing small claims and consumer claims in the district courts.
  • Main goals: simplify the assessment of filing and appeal fees for small claims/consumer matters and adjust the amount of a compulsory counterclaim to align with the statutory jurisdictional cap.
  • Effective date: January 1, 2027.

Key provisions and changes

1) Filing fees and mediation
- The plaintiff must pay an entry fee of $55, updated to $75, which includes:
- Civil case processing fee
- Technology surcharge (as specified in § 8-15-11)
- A $20 component allocated to a "small claims mediation restricted-receipt account" for mailing notices, plus an amount equal to the then prevailing postal rate
- The "small claims mediation restricted-receipt account" is established under the control of the state court director of finance. The chief judge of the district court may pay for qualified mediators and related expenses from this account.
- A technology surcharge is additional to the entry fee, per § 8-15-11.

2) Waiver of appeal
- Plaintiffs must file with the claim a written waiver of the right to appeal.

3) Counterclaims and monetary limits
- Before or on the date set for answering, defendants must file:
- An answer/defense
- A written statement of any compulsory counterclaim
- The court will decide which party is entitled to a decision and the amount, but the total cannot exceed $5,000 (in current text, $2,500 is listed in a way that appears to cap the counterclaim; the proposed revision shows an increased cap to $5,000).
- If a defendant’s compulsory counterclaim exceeds $2,500 but is capped at $5,000, and the court determines a greater amount is due to the defendant, the court shall render a decision against the plaintiff for costs only (effectively limiting substantive adjudication on that counterclaim) and preserve the defendant’s right to sue for the counterclaim separately. Hearings may be continued as needed.

4) Appeals by defendant (and related procedures)
- A defendant aggrieved by a district court decision in a small-claims/consumer claim has the same appellate rights as ordinary civil actions in district courts, including filing fees:
- An appeal filing fee of $75 (inclusive of civil case processing fee and technology surcharge where applicable).
- If the plaintiff is appealing a counterclaim, the plaintiff must also pay a $75 appeal filing fee.
- Special provision for consumer product cases where the plaintiff purchases a consumer product and the defendant is defaulted:
- If the defendant is defaulted for failure to answer/defend, the district court judgment is final.
- The defendant forfeits the right to appeal and is not entitled to a trial de novo in superior court.

Persons, entities, and timing affected

  • Plaintiffs in small claims and consumer claims in Rhode Island district court
    • Face revised filing fees (baseline $75, plus processing and technology surcharges)
    • Must now provide a waiver of appeal when filing the claim
    • Contributions to the small claims mediation restricted-receipt account are mandated
  • Defendants (and potential counterclaimants)
    • Face updated procedural framework for defending and asserting compulsory counterclaims
    • Counterclaim caps increased to align with a $5,000 ceiling (subject to the bill’s exact phrasing)
    • Appeals by defendants follow standard district court practice, with explicit fee amounts
  • Mediation program
    • Establishes a dedicated funding account for small claims mediation, administered by state court finance officials
    • Enables payment for mediators and related costs from this restricted account
  • Consumer product cases
    • Defaulting defendants in certain consumer claims have limited appellate rights, with final district court judgments and no trial de novo in superior court

Procedural and timeline aspects

  • Effective date: January 1, 2027
  • The bill outlines explicit timing for filing of answers, counterclaims, and waivers of appeal
  • Appeals: standardization of filing fees for appeals in these small-claims contexts
  • Mediation funding mechanism is set up to begin governing costs and services from its inception

Overall impact

  • Simplifies and standardizes fee structures for small claims and consumer claims appeals.
  • Increases the monetary threshold for compulsory counterclaims within small claims/consumer contexts, shaping how cases progress when counterclaims arise.
  • Introduces a dedicated funding stream to support mediation, potentially encouraging settlement and reducing trial time.
  • Adds procedural clarity for waivers of appeal and for default scenarios in consumer product cases.

Compiled from official sources — confirm details with the bill’s official record.

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