[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Defendant's Name] [Defendant's Address] [City, State, ZIP] Subject: Response to Defendant's Motion for Attorneys' Fees — [Case Name] Dear [Defendant's Name], I am writing in response to the Motion for Attorneys' Fees filed by your counsel in the above-mentioned case. As the plaintiff, I respectfully submit this letter to contest your request for attorneys' fees on the following grounds: 1. Lack of Legal Basis: It is my contention that your motion for attorneys' fees lacks a valid legal basis. [Provide a brief explanation of why the requested fees are not supported by the applicable legal principles.] 2. Unreasonable Fees: Upon reviewing the itemized breakdown of the fees outlined in your motion, I find several instances where the sought-after fees are excessive or disproportionate to the complexity of the case. [Give specific examples and cite relevant legal standards regarding reasonable attorney fees.] 3. Prevailing Party: Contrary to your assertion, I believe that I am the prevailing party in this case and, therefore, entitled to recover my reasonable attorneys' fees. [Present arguments showing how you, as the plaintiff, satisfy the criteria of being the prevailing party and highlight any applicable statutory provisions.] 4. Frivolous or Vexatious Claims: It is important to note that my claims were not frivolous or vexatious, which should be considered when determining the allocation of attorneys' fees. [Provide evidence or arguments demonstrating the merit and validity of your claims.] Given the circumstances and the lack of valid legal grounds for the requested attorneys' fees, I respectfully request that the court denies your motion or alternatively, significantly reduces the amount sought in the interest of fairness and justice. Should the court require additional legal authorities, supporting documentation, or information, please inform me at your earliest convenience. Thank you for your attention to this matter. I trust that the court will evaluate this response and make a fair and just determination regarding the award of attorneys' fees. Sincerely, [Your Name] [Your Case Number] (if applicable)
Rhode Island Sample Letter for Plaintiff's Response to Defendant's Motion for Attorneys Fees
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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 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.
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.
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.
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.
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.
(1) As soon as practicable after the commencement of an action brought as a class action, the court shall determine by order whether it is to be so maintained. An order under this subdivision may be conditional, and may be altered or amended before the decision on the merits.
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 ...
