RI · rules
R.I. Dist. Ct. R. Small Cl. P. 5.04
Jurisdictionally Excessive Counterclaims
If a counterclaim is filed
alleging damages exceeding the jurisdictional limit of a small claims action, a
judicial officer hearing the matter may:
(A) Enter a decision against the plaintiff as in case of nonsuit, and for the
defendant for his or her costs only, and shall not further adjudicate upon the claim
of the defendant, whose right to sue for the claim shall remain in the same manner
as before the commencement of the action. (G.L. § 10-16-9);
(B) Dismiss without prejudice both the claim of the plaintiff and the defendant;
or
(C) Dismiss only the counterclaim without prejudice provided that the
counterclaim is a permissive counterclaim and not a compulsory counterclaim.
6.00. Judgment
Provenance
- Source
- courts.ri.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
589f21466a889e9be099bb9c81a7dab5962cbed5e43fc8e86d19b0dae0cbd525
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