[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Opposing Party's Name] [Opposing Party's Address] [City, State, ZIP Code] Re: Plaintiff's Motion to Compel Answers to Plaintiff's Second Set of Interrogatories Dear [Opposing Party's Name], I hope this letter finds you well. I am writing to bring to your attention the outstanding matter of unanswered interrogatories in the above-mentioned case. As the plaintiff, I kindly request your prompt attention and cooperation in responding to the outstanding interrogatories. As you may recall, on [date], I served you with a Second Set of Interrogatories, pursuant to Rule [insert relevant Rhode Island rules or statutes]. These interrogatories required you to provide specific information, documentation, or admissions related to the subject of the lawsuit. Unfortunately, to date, I have not received any response or communication from you regarding the interrogatories. As per the rules of civil procedure in Rhode Island, it is imperative that parties participate in the discovery process in good faith, providing the necessary information and evidence to ensure a fair and efficient resolution of the case. Failure to respond to the interrogatories has impeded the progression of this lawsuit, hindering both parties from reaching a timely resolution. Therefore, I am left with no choice but to file a Motion to Compel Answers to Plaintiff's Second Set of Interrogatories with the court. If you fail to respond to this letter within [insert a reasonable deadline, considering the circumstances], to avoid further litigation and unnecessary expenses, I kindly request that you provide all outstanding responses to the Second Set of Interrogatories referenced above. Should you have any concerns or objections regarding specific interrogatories, please outline them in your response. Furthermore, I would like to remind you that the court may impose sanctions for failing to respond to discovery requests in a timely manner. These sanctions may include an order compelling answers, adverse inference jury instructions, cost shifting, and other penalties as deemed appropriate by the court. To facilitate a smoother and more efficient resolution to this matter, I strongly encourage open and honest communication between both parties. If you have any concerns, questions, or require clarification regarding the interrogatories or any other matter related to this case, please feel free to contact me at your earliest convenience. Thank you for your attention to this matter. I trust that you will promptly respond to this letter and provide the necessary answers to the Second Set of Interrogatories. Failure to do so may result in the filing of a Motion to Compel with the court, and ultimately, the imposition of sanctions. I look forward to your timely response. Yours sincerely, [Your Name]
Rhode Island Sample Letter for Plaintiff's Motion to Compel Answers to Plaintiff's Second Set of Interrogatories
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Rule 35 - Correction, Decrease, or Increase of Sentence. (a)Correction or reduction of sentence. The court may correct an illegal sentence at any time.
A motion to compel further responses to interrogatories is a prime example. (This is where you've received responses to interrogatories, believe them to be incomplete, and you want the court to order the responding party to provide further responses.)
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. (c)Motion and Proceedings Thereon.
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.
Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership, governmental entity, or unincorporated association, by any officer or agent, who shall furnish such information as is available to the party.
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.
A party may depose any person who has been identified as an expert expected to testify when the expert interrogatory has been responded to by the other party.
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.
