COMMITTEE ON RULES AND JUDICIARY 
09/08/2025-AMENDED AND REPORTED OUT TO THE FLOOR 
 
 
BILL NO. 
36-0112 
 
Thirty-Sixth Legislature of the Virgin Islands 
 
 
 
July 10, 2025 
 
 
 
An act amending title 4 Virgin Islands Code, chapter 31, section 516 increasing the filing fee 
for general civil complaints in the Superior Court of the Virgin Islands and title 5 Virgin Islands 
Code, chapter 41, section 426 allowing for the collection of nine percent prejudgment interest 
when an offer of judgment is filed with the court 
 
 
 
PROPOSED BY: 
 
Senator Carla J. Joseph 
WHEREAS, the median filing fee for civil complaints is approximately $150 in state 
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courts of general jurisdiction, and $400 in the federal courts; 
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WHEREAS, many of these states not only charge a filing fee for complaints, but also a 
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filing fee for any affirmative relief, when defendants counter-sue, cross-sue or sue third-parties; 
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WHEREAS, civil filing fees range from  $100 to $315 for small population states such 
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as Hawaii, Idaho, Iowa, Nevada, Vermont, and Wyoming; 
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WHEREAS, the facilities of the Superior Court in the St. Thomas and St. Croix districts 
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are aging; 
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WHEREAS, while inflation, the cost-of-living, and interest rates have hit  record highs, 
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the court post-judgment interest rate in the Virgin Islands remains at four percent, far outside 
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the majority of states that utilize post-judgment interest rates at or above nine percent and eight 
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states use post-judgment interest rates at twelve percent or more; 
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WHEREAS, with the recent rise of the bond market, interest rates, and return on 
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investments, and the further expected rise of the interest rate over the coming years, the Superior 
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Court’s judgment interest rate should rise to compensate those wronged for the delay of 
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payment and the full opportunity cost of money; and 
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WHEREAS, the ability to keep filing fees for the use of capital improvement to the courts 
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would enhance the physical appearance of the court facilities; Now, Therefore, 
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Be it enacted by the Legislature of the Virgin Islands: 
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SECTION 1.  Title 4 Virgin Islands Code, chapter 31, section 516, is amended as 
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follows: 
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(a) 
paragraph (7) is amended by striking “or”  after “petition” and inserting a comma, 
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by inserting “, cross-claim, counter-claim, or third-party complaint” after “application”, and by 
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striking “$75.00” and inserting “$150.00”, and 
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(b) 
At the end of the section by striking “the Treasury of the Virgin Islands ” and 
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inserting “a Judicial Branch capital improvement fund.” 
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SECTION 2.  Title 5 Virgin Islands Code, chapter 41, section 426 is amended as follows: 
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(a) 
In subsection (a) by striking “4” and insert “9”; and 
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(b) 
By adding a subsection (c) as follows: 
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“(c) A plaintiff, counter-plaintiff, or third-party plaintiff may file a signed Offer 
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of Judgment with the Clerk of Court offering to settle a dispute including non economic 
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or unliquidated damages at any time but not later than 45 days before trial.  The defendant 
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has 15 days to accept or reject the offer of judgment.  The Plaintiff shall receive pre-
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judgment interest from the date of the filing of the Complaint at nine per cent per annum 
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if the offer of judgment is rejected, and the verdict at trial is higher than the offer of 
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judgment.” 
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BILL SUMMARY 
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This bill increases the filing fee for general civil complaints in the Superior Court of the 
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Virgin Islands to $150.00, and expands the filing fee to cover all affirmative relief complaints 
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including cross-claims, counter-claims and third-party complaints.  It also requires that the fees 
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be placed in a Superior Court Capital Improvement Fund.  Further, it allows for the collection 
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of nine percent prejudgment interest by the plaintiff when an offer of judgment is filed with the 
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court, and the verdict at trial exceeds the amount filed. 
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BR25-0336/July 9, 2025/LMW 
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..\..\..\..\AMENDS\36th Legislature\JOSEPH, CARLA J\Amendment 36-529\Amendment 
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36-529- DRAFTED ON YELLOW.docx 
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