Committee approves higher civil filing fee and expanded prejudgment interest provisions

The Committee on Rules and Judiciary voted to forward Bill 36-0112 to the full Legislature after testimony from the judiciary and the Virgin Islands Bar Association on fees and litigation incentives.

Sponsor Senator Carla J. Joseph said the bill raises the filing fee for general civil complaints from $75 to $150 and expands the fee to include affirmative relief claims such as counterclaims, cross claims and third‑party complaints. The sponsor said revenue would be directed to a judicial-branch improvement fund to support courthouse repairs and other capital needs.

Regina DeChabert Peterson, administrator of courts, told the committee that fee-setting is primarily a judicial-administration matter but that the judiciary supported the need for capital funding and stated that the branch is finalizing a comprehensive fee review. The bill also codifies a prejudgment-interest procedure tied to an offer-of-judgment mechanism; the measure refers to a 9% interest figure that aligns with interest used in many states. The transcript includes discussion clarifying that 9% prejudgment interest already applies in some contexts and the bill would apply interest more broadly when an offer‑of‑judgment is filed.

Russell Pate, president of the Virgin Islands Bar Association, supported the bill as a practical way to generate funds for courthouse improvements and to discourage delay by defendants. He noted that for many civil cases the cost of litigation (depositions, experts, transcripts) far exceeds the filing fee and that waivers are available for litigants who cannot pay.

After committee discussion and an amendment to direct fee revenues to a judicial-branch improvement fund, the measure passed by roll call and will proceed to the full Legislature for further action.