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H 8046Civil Procedure

Courts and Civil Procedure - Procedure Generally - Fees

This bill changes the fee for serving legal papers (writs, citations, subpoenas) from a maximum of $70 to a fixed $70.

Signed into law37 Yea0 Nay1 Not voting
Population
Affected
15
Email Legislator
Introduced Feb 27, 2026Committee House Judiciary

Plain-English Summary

This legislation amends the fee structure for Rhode Island sheriffs, town sergeants, and constables regarding the service of legal documents. Previously, the law stated that fees for serving writs, citations, or subpoenas "shall not exceed" $70.00. This bill changes that language to a mandatory fixed fee, stating the fee "shall be" $70.00. Additionally, it separates this specific fee from the list of maximum charges and places it in its own subsection. Other fees, such as those for writs of replevin or arrest, remain unchanged at $100.00.

For younger readers

When people go to court, official papers like invitations to court (called subpoenas or citations) need to be delivered to the people involved. The people who deliver these papers, like sheriffs, get paid for doing it. Before this new rule, the law said the price for this job could be any amount up to $70. Now, this bill changes the rule to say the price must be exactly $70. This makes sure the cost is the same every time someone needs these specific papers delivered.

Who & Where It Applies

Impacted groups
LitigantsSheriffsConstablesAttorneysLandlords
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
Litigants: $70/service
Estimated revenue
Litigants: $70/service

Bill Analysis

Both viewpoints
For Progressives
  • Ensures a consistent stream of funding for the state's general revenue, which supports public services and potential social programs.
  • Standardizes the cost of legal service, preventing potential price discrimination where different individuals might be charged different rates for the same service.
  • Protects the wages and compensation of those serving the papers, such as deputy sheriffs, by establishing a guaranteed fixed rate rather than a variable one.
  • Eliminates the flexibility to charge less than $70, which creates a higher financial barrier for low-income individuals seeking access to the justice system.
  • Disproportionately affects the working poor, as a fixed fee represents a larger percentage of their income compared to wealthy litigants.
  • Prioritizes revenue generation for the state over the affordability and accessibility of civil legal procedures for disadvantaged communities.
For Conservatives
  • Reinforces the principle of user fees, ensuring that those who utilize the court system bear the costs rather than passing the burden to the general taxpayer.
  • Provides absolute clarity and predictability in the cost of doing business for creditors and landlords who frequently require service of process.
  • Streamlines administrative procedures by removing ambiguity regarding fee amounts, promoting efficiency in the judicial system.
  • Institutes government price-fixing by mandating a specific fee ("shall be") rather than a market-friendly cap ("shall not exceed"), removing competitive pricing flexibility.
  • Increases the mandatory costs for businesses and property owners who frequently need to serve legal papers, acting as a de facto regulation increase.
  • Removes the discretion of local constables or sergeants to offer lower rates, limiting economic freedom in the service of process industry.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 7 additions · 5 deletions

SECTION 1. Section 9-29-9 of the General Laws in Chapter 9-29 entitled "Fees" is hereby amended to read as follows: 9-29-9. Fees of sheriffs, sergeants, and constables.

(a) The fees, including mileage, of deputy sheriffs, town sergeants, and constables, for which a deposit to insure payment may be required, shall not exceed the following:

(1) For serving any writ of replevin, or out of state papers $100.00

(2) For serving all other writs, citations, or subpoenas $70.00 (3)(2) For a writ copy of every one hundred words $2.00 (4)(3) For every writ returned when the defendant cannot be found $15.00 (5)(4) For serving any writ of arrest or body attachment $100.00

(b) For serving all writs, citations, or subpoenas, the fee required shall be seventy dollars ($70.00). (b)(c) The above fees shall be deposited as general revenue.

SECTION 2. This act shall take effect upon passage.