LD 1132
pg. 3
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LR 834
Item 1

 
1.__In small claims.__In small claims actions, prejudgment
interest is not recoverable unless the rate of interest is based
on a contract or note.

 
2.__On contracts and notes.__In all civil and small claims
actions involving a contract or note that contains a provision
relating to interest, prejudgment interest is allowed at the rate
set forth in the contract or note.

 
3.__Other civil actions; rate.__In civil actions other than
those set forth in subsections 1 and 2, prejudgment interest is
allowed at the one-year United States Treasury bill rate plus 3%.

 
A.__For purposes of this subsection, "one-year United States
Treasury bill rate" means the weekly average one-year
constant maturity Treasury yield, as published by the Board
of Governors of the Federal Reserve System, for the last
full week of the calendar year immediately prior to the year
in which prejudgment interest begins to accrue.

 
B.__If the Board of Governors of the Federal Reserve System
ceases to publish the weekly average one-year constant
maturity Treasury yield or it is otherwise unavailable, then
the Supreme Judicial Court shall annually establish by rule
a rate that most closely approximates the rate established
in this subsection.

 
4.__Stated rate.__When prejudgment interest is awarded
pursuant to subsection 2 or 3, the applicable rate must be stated
in the judgment.

 
5.__Accrual; suspension; waiver.__Prejudgment interest accrues
from the time of notice of claim setting forth under oath the
cause of action, served personally or by registered or certified
mail upon the defendant until the date on which an order of
judgment is entered.__If a notice of claim has not been given to
the defendant, prejudgment interest accrues from the date on
which the complaint is filed.__In actions involving a contract or
note that contains a provision relating to interest, the rate of
interest is fixed as of the time the notice of claim is given or,
if a notice of claim has not been given, as of the date on which
the complaint is filed.__If the prevailing party at any time
requests and obtains a continuance for a period in excess of 30
days, interest is suspended for the duration of the continuance.__
On petition of the nonprevailing party and on a showing of good
cause, the trial court may order that interest awarded by this
section be fully or partially waived.

 
6.__Effect on post-judgment interest.__This section does not
affect post-judgment interest imposed by section 1602-C.


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