Rhode Island Motion of Defendant to Strike Affidavit in Support of Plaintiffs Motion for Summary Judgment and Notice of Motion to Strike

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Multi-State
Control #:
US-00921BG
Format:
Word; 
Rich Text
Instant download

Description

This form is used for summary judgment that is accompanied by one or more affidavits executed by the moving party or by others having knowledge of the facts. Objections to pleadings, such as affidavits, that are insufficient in substance or in form may be raised by a motion to strike pursuant to Rule 12(f) of the Federal Rules of Civil Procedure. This rule has been adopted by most states in one form or another.

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FAQ

New Rule 35(c) of the Rhode Island Superior Court Rules of Criminal Procedure allows probationers to ask the court to terminate their probation early if they meet certain conditions.

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.

C.C.P. § 436 allows for a motion to strike ?any irrelevant, false, or improper matter asserted in any pleading? or portion of a pleading ?not drawn of filed in conformity with the laws of this state.? A motion to strike is proper ?when a substantive defect is clear from the face of a complaint.? (PH II, Inc.

Settlement, Voluntary Dismissal, or Compromise A court-approved class action can only be settled, voluntarily dismissed, or compromised with the court's permission. FRCP 23 outlines steps that the court must take in any of the above scenarios, including offering notice of the action to members of the class.

A defendant who is charged with an offense which is punishable by imprisonment for a term of more than six (6) months shall be advised by the Court, at the time of the defendant's initial appearance, that the defendant has a right to trial by jury in the first instance, but in the event the defendant chooses to waive ...

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.

Against Other Pleadings A motion to strike may be brought against complaints, cross-complaints, answers and demurrers. A motion to strike can be brought against an entire pleading, or any part of a pleading.

Rule 23 - Trial by Jury or by the Court. (a)Trial by Jury. Cases required to be tried by jury shall be so tried unless the defendant in open court waives a jury trial in writing with the approval of the court.

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Rhode Island Motion of Defendant to Strike Affidavit in Support of Plaintiffs Motion for Summary Judgment and Notice of Motion to Strike