§ 9-15-9.Costs when recovery on contract is less than $50.00

This section discourages plaintiffs from pursuing small contract claims — actions “ex contractu,” meaning claims founded on a contract — in superior or state court when magistrate court could have handled them for less. When the jury’s verdict, unreduced by any setoff or payment made during the case, comes in under $50.00, the defendant can’t be charged with more costs than would have necessarily accrued had the case been heard before a magistrate.

The plaintiff picks up whatever costs the defendant is spared. The statute lets the court retain that remainder out of the sum the plaintiff recovered, and if the recovery isn’t enough to cover it, the court enters judgment against the plaintiff for the balance. The dollar figure hasn’t been adjusted since it was set, so the practical effect today is that most superior or state court contract verdicts will exceed it — but the rule still matters whenever a claim’s real value turns out to be that small.