In Rhode Island, a Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion is an important legal document used in civil lawsuits. This motion is typically filed by either the plaintiff or the defendant to request additional time to complete the discovery process or to delay the summary judgment motion. Discovery is a crucial stage in any litigation where both parties exchange information and evidence relevant to the case. It allows each side to gather facts, interviews, documents, and other evidence through various methods like depositions, interrogatories, requests for production, and requests for admission. Completing discovery is essential for parties to obtain all necessary evidence to present their case effectively. However, there may be instances where one party needs additional time to gather evidence, interview witnesses, or respond to discovery requests. In such situations, they can file a Motion for Continuance to Complete Discovery. This motion seeks a postponement of the trial or other deadlines to ensure both parties have adequate time to conduct discovery. On the other hand, a party may also file a Motion for Continuance of Summary Judgment Motion as an alternative to the Motion to Complete Discovery. Summary judgment is a legal procedure used to determine the outcome of a case without a full trial. It allows either party to ask the court to rule in their favor based on the evidence obtained during discovery. If a party believes they need more time to gather evidence or prepare their arguments for the summary judgment motion, they can submit a Motion for Continuance of Summary Judgment Motion. This motion requests an extension of the summary judgment filing deadline, providing the necessary time to gather crucial evidence, consult with experts, or conduct additional legal research. It is important to note that different jurisdictions and courts within Rhode Island may have varying rules and requirements for filing these motions. Parties should thoroughly review the specific court rules and consult with their attorney to ensure compliance. When drafting a Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion, it is crucial to provide detailed reasoning and supporting arguments for the motion. This may include explaining the need for additional time, demonstrating diligence in conducting discovery or case preparation, and highlighting how the requested extension will contribute to a fair and just resolution of the case. By properly utilizing these motions, parties in Rhode Island can ensure a fair and thorough litigation process, allowing them to present their case effectively and reach a just resolution.
Rhode Island Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion
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How to fill out Rhode Island Motion For Continuance To Complete Discovery Or In The Alternative Continuance Of Summary Judgment Motion?
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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 ...
Alternative service shall include, but not be limited to: service by certified and regular mail at defendant's last-known address (excluding the residence that he or she has been ordered to vacate) or place of employment; leaving copies at the defendant's dwelling or usual place of abode with a person of suitable age ...
(4) A reply to the opposition shall be served and filed by the moving party not less than five days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise. (5) Evidentiary objections not made at the hearing shall be deemed waived.
Stated differently, to successfully defend against summary judgment the non-moving party (you) should seek to demonstrate that indeed there are material facts in dispute. Alternatively, the non-moving party (you) can argue that the undisputed facts support a judgment as a matter of law in your favor.
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 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.
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.