Rhode Island USLegal Pamphlet on Writ of Mandate

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Multi-State
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US-PMPH-12
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This pamphlet provides an overview on the types of writs of mandate, what they are used for, and when a writ of mandate may be sought.

Rhode Island Legal Pamphlet on Writ of Mandate: A Comprehensive Guide Introduction: The Rhode Island Legal Pamphlet on Writ of Mandate is an informative resource that aims to provide a detailed understanding of the concept, purpose, and procedures of a writ of mandate in the state of Rhode Island. This pamphlet is designed to assist individuals, legal professionals, and those seeking legal remedies in comprehending the legal intricacies associated with the writ of mandate. Definition and Purpose: The pamphlet begins by defining the writ of mandate, commonly known as a "writ of mandamus," which is a legal order issued by a court commanding a government entity or public official to perform a specific duty or action. The primary purpose of this writ is to ensure the proper functioning of governmental powers and to address instances of neglect, delay, or abuse of discretion. Types of Rhode Island Legal Pamphlet on Writ of Mandate: 1. Overview of Writ of Mandate: This section provides a general overview of the writ of mandate, explaining its purpose, principles, and how it differs from other legal remedies available in Rhode Island. 2. Procedures to Obtain a Writ of Mandate: This section outlines the step-by-step procedures involved in obtaining a writ of mandate in Rhode Island. It covers the prerequisites, filing requirements, and necessary documentation to initiate the action successfully. 3. Grounds for Issuing a Writ of Mandate: Here, the pamphlet discusses the legal grounds on which a writ of mandate can be sought. It includes instances where a government entity or public official fails to perform a duty, refuses to act, or exercises powers beyond their jurisdiction. 4. Limitations and Exceptions: This section focuses on the limitations and exceptions associated with the writ of mandate. It clarifies when the writ cannot be used and highlights situations where alternative legal remedies may be more appropriate. 5. Proceedings and Appeals: The pamphlet delves into the procedural aspects of a writ of mandate, including the rules of court, timelines, and methods of service. Additionally, it covers the possibility of appeals and the appellate court's role in reviewing mandamus decisions. Conclusion: The Rhode Island Legal Pamphlet on Writ of Mandate serves as a comprehensive guide for individuals seeking to understand and utilize the writ of mandate in Rhode Island. It is an invaluable resource for lawyers, legal practitioners, and citizens aiming to enforce governmental accountability and seek justice through compelling public officials and government entities to fulfill their duties. By studying this pamphlet, individuals can gain a thorough understanding of the legal process and make informed decisions when navigating through the complexities of obtaining a writ of mandate in Rhode Island.

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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.

Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed in contempt of the court in which the action is pending.

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 ...

X, Rule 7 of the Rhode Island Supreme Court Rules Governing Electronic Filing, Eevery pleading, written motion, and other paper of a party represented by an attorney shall be personally signed by at least one (1) attorney of record in the attorney's individual name and shall state the attorney's, whose address, email ...

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.

(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.

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.

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 ...

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Rhode Island USLegal Pamphlet on Writ of Mandate