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Rhode Island Sample Letter for Trial Continuance - Attempt to Schedule New Trial

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Multi-State
Control #:
US-0004LTR
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Word; 
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This form is a sample letter in Word format covering the subject matter of the title of the form.

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Title] [Rhode Island Court Name] [Court Address] [City, State, ZIP] Re: Motion for Trial Continuance — Attempt to Schedule New Trial [Case Name/Number] Dear [Judge's Name], I hope this letter finds you in good health and high spirits. I am writing to respectfully request a trial continuance in the above-mentioned case, as unforeseen circumstances have arisen that require additional time to adequately prepare. I would like to express my sincere apologies for any inconvenience this may cause to the court, opposing counsel, and all parties involved. However, due to the complexities of the case and the need for further investigation and collection of evidence, it is necessary to postpone the trial in order to ensure a fair and just outcome. The primary reason for this motion is the recent unavailability of a key witness, whose testimony is crucial to the defense. Despite diligent efforts to secure their presence at the scheduled trial date, we were unable to locate the witness in a timely manner. We believe that their testimony is essential to present a strong and comprehensive defense, and their unavailability severely hampers our ability to proceed without prejudice. Furthermore, in light of the current COVID-19 pandemic situation, which has disrupted daily life and functioning, including court operations and access to necessary resources, it has become increasingly challenging to obtain all the required documentation and expert opinions to present an adequately prepared case. Given these circumstances, we respectfully request a trial continuance to afford us the opportunity to locate the witness, gather additional evidence, and consult with expert witnesses, if required. We believe that by scheduling a new trial date, we can ensure a fair and reasoned resolution to this case, in accordance with the principles of justice. We are more than willing to coordinate and discuss potential dates for rescheduling the trial for the convenience of the court and all parties involved. Furthermore, we understand the importance of judicial efficiency and aim to minimize any delays while still upholding our client's right to a fair trial. Thank you for your attention to this matter. We are confident that by granting this motion, we can fulfill our duty to provide diligent representation and promote the interests of justice. We kindly request that you consider our request for a trial continuance sympathetically, and in consideration of the unforeseen circumstances described herein. Should you require any additional information or documentation to support our motion, please do not hesitate to contact me at [your phone number or email address]. I appreciate your time and consideration in this matter. Yours faithfully, [Your Name] [Your Title] [Law Firm's Name, if applicable]

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A party may amend the party's pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, the party may so amend it the pleading at any time within twenty (20) ...

Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership, governmental entity, or unincorporated association, by any officer or agent, who shall furnish such information as is available to the party.

Rule 37 - Failure to Make or Cooperate in Discovery: Sanctions. (a)Motion for Order Compelling Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: (1)Appropriate Court.

Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing | Federal Rules of Civil Procedure | US Law | LII / Legal Information Institute. About LII. Federal Rules of Civil Procedure.

Rule 12 - Pleadings and Motions before Trial-defenses and Objections. (a)Pleadings and Motions. Pleadings in criminal proceedings shall be the indictment, information, or complaint, and the pleas of not guilty, guilty and nolo contendere.

On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) Mistake, inadvertence, surprise, or excusable neglect; (2) Newly discovered evidence which by due diligence could not have been discovered ...

Article I, Rule 12A(1) of the Rhode Island Supreme Court Rules of Appellate Procedure requires the submission of Prebriefing Statements. That rule provides, in relevant part: ?Within twenty (20) days after the docketing of the record of an appeal with the clerk of the Supreme Court, . . . the appellant . . .

Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court in which the action is pending.

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Rhode Island Sample Letter for Trial Continuance - Attempt to Schedule New Trial