RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY -- FEES
Summary
H7038 amends Rhode Island law governing fees charged by deputy sheriffs, town sergeants, and constables for service of process. The bill sets a uniform minimum fee of $70 for serving writs, citations, or subpoenas not otherwise specified in the statute, and it also updates the fee schedule for other services such as replevin papers, out-of-state papers, writ copies, returned writs when a defendant cannot be found, and writs of arrest or body attachment. The measure is primarily a fee-setting and fee-clarifying bill within the courts and civil procedure code.
By revising § 9-29-9, the bill changes the statutory limits on service fees and preserves the requirement that these fees be deposited as general revenue. It would affect parties who rely on sheriffs, sergeants, and constables to serve legal papers, including litigants, attorneys, and court users who pay service costs as part of civil or criminal process. The act takes effect immediately upon passage.
Impact
The bill amends Rhode Island General Laws § 9-29-9 to standardize and clarify the fees that may be charged for service of process by deputy sheriffs, town sergeants, and constables. It establishes a $70 minimum fee for serving writs, citations, or subpoenas not otherwise listed, while retaining specific fee caps for other categories of service and confirming that collected fees are deposited as general revenue. The practical effect is to update the statutory fee schedule used in court-related service of process and to affect the costs borne by litigants and process-serving officials.
Sentiment
The available record shows no committee transcript, vote tally, or recorded opposition, so there is no documented debate or partisan split in the materials provided. Based on the bill text and caption, the measure appears technical and administrative rather than controversial, focused on setting a standardized fee rate for process service. The absence of recorded votes or discussion suggests no clear public sentiment can be inferred beyond routine legislative handling.
Contention
No specific points of contention are documented in the provided materials. Potential areas of concern, if raised, would likely involve whether the $70 minimum fee is too high or too low, how the change affects access to justice and litigation costs, and whether the fee schedule adequately compensates sheriffs, sergeants, and constables for service work. However, the transcript and voting history provided do not identify any member or stakeholder taking a formal position on those issues.
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