Rhode Island Court Records
What are Rhode Island Small Claims Cases and Class Action Lawsuits?
In the State of Rhode Islands, small claim suits are taken to the district courts to seek the restitution of no more than $2500 in property damage, individual belongings, and civil penalties. On the other hand, class action cases are civil proceedings brought against a specific individual, organization, or government by several individuals. Generally, chapter 10–16 of the Rhode Island courts and civil procedure statute lays down the procedure and guidelines for filing small claims cases. Also, conditions required for a class action case to be valid are contained under the Superior Court rules of civil procedure.
What is a Class Action Lawsuit in Rhode Islands?
In Rhode Islands, a class-action case is a legal litigation brought by a group of individuals with similar allegations against an individual, corporation, or governmental agency. Liability insurance, labor and jobs, consumer theft, stock fraud, sexual assault, and gender discrimination are lawsuits entitled to be prosecuted as class actions. According to rule 23 of the Rhode Islands superior court rules of civil procedure, before a class action can be authorized and constitutionally permitted to continue, some basic requirements must be met. For example, any class action would have legal or factual problems common to the class members.
How do I File a Claim in a Rhode Islands Small Claims Court?
Qualified parties can file a small claims case by visiting the district court clerk located in each county. A person must be 18 years and above to file a small claims case. Contrary to this, the parent or authorized guardian of a minor may file the lawsuit. These cases should be taken to the courtroom in the county where the event occurred, where the defendant resides or is regularly working, or where the defendant owns a property.
Before approaching the district court, the claimant may need to obtain specific documents, including records of binding contracts, to begin the lawsuit. It is also advisable to prepare a short and concise statement outlining the grounds of their allegations and the prospective defendant’s full and proper contact information. The next step is to approach the clerk of the district court to file the case. Court clerks are not lawyers, and they can not provide professional counsel. However, they can supply the necessary details and forms required to file the case. The filing fee for a small claim lawsuit is $75.75. In Rhode Island, small claims cases are filed electronically using the electronic filing system provided by the Rhode Island Judiciary.
The district court shall, after the e-filing, examine the electronically submitted file(s) and inform the filing entity if the filing is approved or denied. Afterward, the claimant shall complete the Small Claims Notice of Suit form. This will be served to the defendant, who will be expected to respond within a specified time. The court will set up a hearing date where the judge will decide if the case may be resolved through mediation or jury trial. In most cases, small claims lawsuits in Rhode Island are resolved through mediation in which all parties agree to a common settlement.
Do I Need a Small Claims Lawyer?
No, in a small claims dispute, the claimant and accused may not need to employ a legal representative throughout the court proceedings. The district court has made the process very easy and straightforward. As such, involved parties can represent themselves without the help of a professional legal attorney. However, it is prudent to obtain the guidance of an experienced small claims solicitor, particularly when the sum in question is substantial. In certain cases, a client is allowed by statute to recover legal fees. It could be necessary for such a complainant to recruit a legal agent who would demand a settlement fee.
How do Class Action Lawsuits Work in Rhode Islands?
Typically, filing a class-action lawsuit is similar to filing single party cases. However, rule 23 of the superior court rules of civil procedure mandates the court to hold a qualification proceeding with both the representative plaintiff and all class members. This is to ensure compliance with all the basic requirements, as stated under the law. After certification, the court will notify all representatives and then set a date for trial. Most class-actions are settled out of court, with all class members sharing the proceeds of the litigation.
Is a Class Action Better Than a Single Party Suit?
Usually, injuries resulting in class action cases are minor. Deceptive actions in which one person has lost a few hundred dollars are virtually not worth wasting time and money on legal litigation. However, the additive force of numbers will easily multiply and result in a worthwhile class-action case if many other persons are hurt in the same manner.
Records that are considered public may be accessible from some third-party websites. These websites often make searching more straightforward, as they are not limited by geographic location, and search engines on these sites may help when starting a search for specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:
- The name of the person involved in the record, unless said person is a juvenile
- The location or assumed location of the document or person involved
Third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability on third-party websites may vary.
What Cases are Heard by Small Claims Courts in Rhode Islands?
As stated in the previous paragraph, Rhode Island small claims cases are settled in the district court. A case of small claims is meant to deliver swift and definitive justice involving financial settlements of not more than $2500. As a minor claims lawsuit, personal injury lawsuits and cases relating to losses sustained in a car or other accidents do not fall under the small claims court’s jurisdiction. The district court will only resolve a small claims case that involves money judgments. Examples of these cases are:
- Refusal to return a security deposit
- Debt collection
- Eviction issues involving landlord and tenant
- Breach of warranty disputes
- Defamation, etc.