Rhode Island Missing Witness is a legal term referring to a witness in a Rhode Island court case who cannot be located or identified because they have moved out of the state or are deceased. The term is used when a party to a lawsuit wants to present testimony from a witness, but that witness is no longer available. It is also used when a witness cannot be identified or located, and the party seeking the witness’s testimony must demonstrate to the court that they have attempted to find the witness. There are two types of Rhode Island Missing Witness: missing witness due to relocation and missing witness due to death. In the former, the party seeking the testimony must show that they have made a reasonable effort to locate the witness, and in the latter, the party must demonstrate that the deceased witness is not available to testify.
Rhode Island Missing Witness
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If a party or other witness refuses to be sworn or refuses to answer any question after being directed to do so by the court, the refusal may be considered a contempt of court.
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.
(a) 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 its own initiative or on the motion of any party and after such notice, if any, as the court orders.
No person, who is not an attorney of the Supreme Court of the State of Rhode Island, shall be permitted to act as attorney for any party in any proceeding, hearing, or trial in the Superior Court, unless granted leave to do so by the Superior court or by the Supreme Court.
"A missing witness instruction is appropriate if two requirements are met: (1) the party seeking the instruction must show that the witness is peculiarly within the power of the other party and (2) under the circumstances, an inference of unfavorable testimony against the non-moving party from an absent witness is
If from the evidence it appears to the judge that there is probable cause to believe that an offense has been committed and that the defendant has committed it, the judge shall forthwith hold the defendant to answer in the Superior Court; otherwise the judge shall discharge the defendant.
Rule 30 - Depositions upon Oral Examination. (a) When Depositions May Be Taken; When Leave Required. (1) Any party may take the testimony of any person, including a party, by deposition upon oral examination without leave of court except as provided in paragraph (2).
When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default.