Rhode Island Emergency Motion to Remand Cause

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State:
Multi-State
Control #:
US-00859
Format:
Word; 
Rich Text
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Description

This is an Emergency Motion to Remand Cause. This form is to be used when the Defendant is appealing his/her convictions in a lower court, but no transcript has been filed. He/ She will be incarcerated until the findings of this Motion are decided, and therefore urges the cour to remand this case, back to the lower court, as soon as possible. This form is applicable in all states.
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FAQ

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 party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may, at any time after the expiration of 20 days from the commencement of the action or after service of a motion for summary judgment by the adverse party, move with or without supporting affidavits for a summary ...

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 ...

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.

Rule 56 allows parties to jointly file a statement of stipulated facts. If they do so, they may state that the stipulation is only for the purpose of the motion for summary judgment and is not intended to be otherwise binding.

If the party against whom judgment by default is sought has appeared in the action, the party (or, if appearing by representative, the party's representative) shall be served with written notice of the application for judgment at least ten (10) days prior to the hearing on such application.

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.

Article I, Rule 12A(1) of the Rhode Island Supreme Court Rules of Appellate Procedure requires the submission of Prebriefing Statements. That rule provides, in relevant part: ?Within twenty (20) days after the docketing of the record of an appeal with the clerk of the Supreme Court, . . . the appellant . . .

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Rhode Island Emergency Motion to Remand Cause