Rhode Island Sample Letter for Motion for Summary Judgment

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Multi-State
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US-0377LTR
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This form is a sample letter in Word format covering the subject matter of the title of the form.
Sample Letter for Motion for Summary Judgment in Rhode Island [Your Name] [Your Address] [City, State, Zip] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Rhode Island State Court] [Court Address] [City, State, Zip] Re: [Case Name and Docket Number] Dear Honorable [Judge's last name], I am writing to submit this Motion for Summary Judgment on behalf of [Plaintiff/Defendant], [Your Client's Name]. I respectfully request that the Court grant this motion based on the following grounds and the undisputed facts of the case. Brief Overview of the Case: Provide a brief summary of the case, including the parties involved, the nature of the dispute, and any relevant background information. Legal Standard for Summary Judgment in Rhode Island: Discuss the legal standard for summary judgment in Rhode Island courts, highlighting the provisions of Rule XX of the Rhode Island Superior Court Rules of Civil Procedure. Emphasize that summary judgment is appropriate when there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. Statement of Undisputed Facts: Present a concise and clear statement of facts that are deemed undisputed by both parties. Include specific references to relevant evidence, such as deposition transcripts, affidavits, or other discovery materials that support the motion. Legal Arguments: Present the legal arguments supporting your request for summary judgment. Clearly explain why the facts as presented entitle your client to judgment as a matter of law. Reference applicable statutes, case law, or legal principles that support your position. Demonstration of Failure to Establish Essential Elements: If you are filing the motion on behalf of the defendant, outline how the plaintiff has failed to present sufficient evidence to establish one or more essential elements of their claim. Provide case law or legal analysis to support your position. Heedlessness of Genuine Disputes: If you are filing the motion on behalf of the plaintiff, demonstrate that any disputes between the parties are immaterial, trivial, or do not create genuine issues of fact. Argue that even when viewing the evidence in the light most favorable to the defendant, there is no genuine dispute that would preclude summary judgment. Prayer for Relief: Conclude the motion by requesting the Court to grant summary judgment in favor of your client, dismissing the opposing party's claims, or any other appropriate relief. Conclusion: Thank the Court for its time and consideration and state your willingness to provide additional information or appear at a hearing if requested. Sincerely, [Your Name] [Your Law Firm] [Law Firm Address] [City, State, Zip] [Email Address] [Phone Number] Types of Rhode Island Sample Letters for Motion for Summary Judgment: 1. Rhode Island Sample Letter for Plaintiff's Motion for Summary Judgment 2. Rhode Island Sample Letter for Defendant's Motion for Summary Judgment.

Sample Letter for Motion for Summary Judgment in Rhode Island [Your Name] [Your Address] [City, State, Zip] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Rhode Island State Court] [Court Address] [City, State, Zip] Re: [Case Name and Docket Number] Dear Honorable [Judge's last name], I am writing to submit this Motion for Summary Judgment on behalf of [Plaintiff/Defendant], [Your Client's Name]. I respectfully request that the Court grant this motion based on the following grounds and the undisputed facts of the case. Brief Overview of the Case: Provide a brief summary of the case, including the parties involved, the nature of the dispute, and any relevant background information. Legal Standard for Summary Judgment in Rhode Island: Discuss the legal standard for summary judgment in Rhode Island courts, highlighting the provisions of Rule XX of the Rhode Island Superior Court Rules of Civil Procedure. Emphasize that summary judgment is appropriate when there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. Statement of Undisputed Facts: Present a concise and clear statement of facts that are deemed undisputed by both parties. Include specific references to relevant evidence, such as deposition transcripts, affidavits, or other discovery materials that support the motion. Legal Arguments: Present the legal arguments supporting your request for summary judgment. Clearly explain why the facts as presented entitle your client to judgment as a matter of law. Reference applicable statutes, case law, or legal principles that support your position. Demonstration of Failure to Establish Essential Elements: If you are filing the motion on behalf of the defendant, outline how the plaintiff has failed to present sufficient evidence to establish one or more essential elements of their claim. Provide case law or legal analysis to support your position. Heedlessness of Genuine Disputes: If you are filing the motion on behalf of the plaintiff, demonstrate that any disputes between the parties are immaterial, trivial, or do not create genuine issues of fact. Argue that even when viewing the evidence in the light most favorable to the defendant, there is no genuine dispute that would preclude summary judgment. Prayer for Relief: Conclude the motion by requesting the Court to grant summary judgment in favor of your client, dismissing the opposing party's claims, or any other appropriate relief. Conclusion: Thank the Court for its time and consideration and state your willingness to provide additional information or appear at a hearing if requested. Sincerely, [Your Name] [Your Law Firm] [Law Firm Address] [City, State, Zip] [Email Address] [Phone Number] Types of Rhode Island Sample Letters for Motion for Summary Judgment: 1. Rhode Island Sample Letter for Plaintiff's Motion for Summary Judgment 2. Rhode Island Sample Letter for Defendant's Motion for Summary Judgment.

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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 ...

A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for summary judgment in the party's favor as to all or any part thereof.

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

Begin by saying, "Now comes the defendant John Smith and respectfully moves for summary judgment. As grounds, John Smith states that ?." Then list the arguments laid out in your motion. End by stating, "In further support of this motion, Mr. Smith relies on the attached memorandum of law."

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.

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.

(1)On Court's Own Motion. The court may, at any time, in its discretion dismiss any action for failure of the plaintiff to comply with these rules or any order of court, or for lack of prosecution if the action has been pending for more than five (5) years.

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Rhode Island Sample Letter for Motion for Summary Judgment