Rhode Island Order of Remand on Writ of Procedendo

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Multi-State
Control #:
US-01767
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Word; 
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Description

This form is a model Order for Remand by a Writ of Procedendo, a writ by which a cause which has been removed on insufficient grounds from an inferior to a superior court by certiorari, or otherwise, is sent down again to the same court, to be proceeded with there.

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FAQ

Section (1) of Rule 37 (a) explains that a party can move for an order compelling disclosure of discovery. However, the motion must include a certification that the petitioner either ?conferred or attempted to confer with the person or party failing to make disclosure or discovery? prior to asking for court action.

An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless the party states that the party has made reasonable inquiry and that the information known or readily obtainable by the party is insufficient to enable the party to admit or deny.

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.

Rule 36 - Clerical Mistakes. Clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of the court's own initiative or on the motion of any party and after such notice, if any, as the court orders.

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 ...

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.

An action may be dismissed by the plaintiff without order of court (A) By filing notice of dismissal at any time before service by the adverse party of an answer or a responsive pleading or a motion for summary judgment, whichever first occurs; or (B) By filing a stipulation of dismissal signed by all parties who have ...

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.

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- (a) Application for Writ; Order to Show Cause in Lieu of Issuance of Writ ... In all cases where the Supreme Court has entered an order to remand a case ... Jan 29, 2016 — 1.1 Overview - Pursuant to Article X of the Rhode Island Supreme Court Rules Governing. Electronic Filing, electronic filing (efiling) shall ...Sep 1, 2022 — The Rhode Island Su- preme Court's June 3, 2022, order denying plaintiffs' petition for reargument is not reported. But, it is re- printed at ... In case the supreme court shall affirm the decree or judgment appealed from, it shall certify its affirmation and remand the cause to the superior court for ... Oct 29, 2020 — The district court obliged and allowed Rhode Island's motion for remand. The oil companies appealed the district court's order to us and a ... If the execution is to be returned unsatisfied, the a duly authorized officer in accordance with Title 9, Chapter 5 (Writs, Summons, and Process) of the Rhode ... Feb 27, 2023 — The petitioner, the Episcopal Diocese of Rhode Island, filed a petition for a writ of certiorari challenging an order from the Rhode Island ... by R Tavares · 2021 — quashed the second hearing justice's order and remanded the case to Superior Court, instructing that court to remand the case to the. Rhode Island Department ... Therefore, even when a landowner seeks and is denied permission to develop property, if the denial does not demonstrate the effective impact of the regulations ... Section 10-9-19. - Admission to bail. Section 10-9-20. - Order as to bail when person held on civil mesne process. Section 10-9-21. - Remand to custody. Section ...

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Rhode Island Order of Remand on Writ of Procedendo