[Your Name] [Your Address] [City, State, ZIP Code] [Date] [Judge's Name] [Court's Name] [Court's Address] [City, State, ZIP Code] Re: [Case Name and Number] Dear Honorable [Judge's Last Name], I hope this letter finds you in good health and spirits. I am writing to request an order granting my motion for leave to file a separate amended complaint in the aforementioned case. I apologize for any inconvenience caused and kindly request your consideration and approval of this request. Furthermore, I am currently representing [Plaintiff/Defendant Name] in the above-referenced case, and after a thorough review, I strongly believe that an amendment to the existing complaint is necessary to fully address the issues at hand. The proposed amendment seeks to better present the claims, facts, and legal theories that have arisen during the course of the litigation process. The grounds for this motion for leave to file a separate amended complaint are as follows: 1. Newly Discovered Evidence: In light of recent discoveries and ongoing investigations, crucial evidence has surfaced that significantly strengthens our case. The amendment will ensure that this new evidence is properly presented, providing a more accurate representation of the facts. 2. Clarification of Claims: The amended complaint will help streamline the proceedings by clearly delineating the various claims involved and highlighting any necessary revisions to the original complaint. This will ultimately aid in reducing any potential confusion or ambiguities surrounding the case. 3. Addition of Parties: After the initial filing, it has come to light that additional parties should be named in the lawsuit for a comprehensive resolution. The amendment would rectify this oversight, allowing for a more thorough and fair adjudication of the matter. 4. Compliance with the Rules of Civil Procedure: Our proposed amendment strictly adheres to the Rhode Island Rules of Civil Procedure and does not seek to unduly delay or prejudice the opposing party. We are committed to ensuring a just and equitable process throughout the litigation. Enclosed with this letter, please find a copy of the proposed amended complaint for your perusal. It includes marked changes, revisions, and additions, which I believe will contribute to a more accurate representation of the facts and strengthen the claims presented. I kindly request that you review the enclosed amended complaint and grant my motion for leave to file a separate amended complaint, in accordance with the applicable rules and regulations of this court. Should you require any further information or clarification, please do not hesitate to contact me at [Your Phone Number] or [Your Email Address]. I am available to discuss this matter at your convenience. Thank you for your attention to this request. I appreciate your time and consideration of our motion. I look forward to your favorable response. Sincerely, [Your Name] [Your Title/Position] [Your Law Firm/Organization Name]
Rhode Island Sample Letter for Order Granting a Motion for Leave to File a Separate Amended Complaint
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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.
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.
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.
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.
(f) Revocation of Probation. The court shall not revoke probation or revoke a suspension of sentence or impose a sentence previously deferred except after a hearing at which the defendant shall be afforded the opportunity to be present and apprised of the grounds on which such action is proposed.
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.
