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H 7642Civil Procedure

Courts and Civil Procedure - Procedure Generally - District Court Practice

This bill removes the requirement to pay the opposing side's legal fees when appealing a District Court decision.

Signed into law36 Yea0 Nay1 Not voting
Population
Affected
15
Email Legislator
Introduced Feb 11, 2026Committee House Judiciary

Plain-English Summary

This legislation amends the procedures for appealing civil cases and landlord-tenant actions from the District Court to the Superior Court in Rhode Island. Specifically, it removes the requirement for the party filing the appeal to pay the opposing party's costs and a $50 attorney's fee at the time of the appeal. While these payments to the adverse party are eliminated, the appealing party is still required to pay the standard court filing fee of $75, which covers civil case processing and technology surcharges.

For younger readers

When people go to court and lose, they are allowed to ask a higher court to look at the case again. This is called an appeal. Right now, if someone wants to appeal, they have to pay extra money to the person they are fighting against in court. This new rule says they don't have to pay that extra money to the other person anymore. They only have to pay the regular fee to the court to handle the paperwork. This makes it a little cheaper for people to ask for a second opinion on their case.

Who & Where It Applies

Impacted groups
TenantsLandlordsCivil PlaintiffsCivil DefendantsAttorneys
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
None
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Increases access to the justice system for low-income individuals by removing financial barriers that often prevent them from appealing unfavorable court decisions.
  • Protects tenants facing eviction by eliminating upfront costs required to appeal a judgment, ensuring financial hardship does not preclude legal recourse.
  • Promotes equity in the legal system by ensuring that the right to a trial de novo in Superior Court is not conditioned on the immediate ability to pay the opposing counsel's fees.
  • Could potentially allow wealthy corporations or bad-faith landlords to file frivolous appeals more easily, dragging out legal battles against under-resourced tenants or consumers.
  • Removes a small form of immediate compensation for the prevailing party (potentially a low-income tenant winning against a landlord) who is forced to undergo a second trial.
  • Might increase the backlog in Superior Court, delaying justice for all parties, including those seeking urgent relief or systemic reform.
For Conservatives
  • Streamlines the judicial process by removing antiquated fee structures and simplifying the bureaucratic requirements for filing an appeal.
  • Protects the constitutional right to a jury trial (available in Superior Court) by removing financial hurdles that might otherwise infringe on due process.
  • Reduces government-mandated wealth transfers between private parties by eliminating the requirement to pay the opponent's fees before a final verdict is reached.
  • Removes a deterrent against frivolous appeals, potentially clogging the court system with cases that were already decided in District Court, costing taxpayers money.
  • Negatively impacts property owners by making it cheaper and easier for tenants to delay eviction judgments through the appeals process.
  • Disregards the financial burden placed on the prevailing party, who must now defend a verdict they already won without the immediate nominal reimbursement of legal costs.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 9 additions · 12 deletions

It is enacted by the General Assembly as follows:

SECTION 1. 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 Claim of appeal to the superior court in civil cases. 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 seventy-five dollar ($75.00) filing fee, inclusive of a civil case processing fee and 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, inclusive of Saturdays, Sundays or 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; 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 seventy-five dollar ($75.00) filing fee, inclusive of a civil case processing fee and a technology surcharge assessed in accordance with § 8-15-11.

SECTION 2. This act shall take effect on January 1, 2027.