Rhode Island Order Setting Aside Dismissal for Want of Prosecution

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US-02470BG
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An Order is a written direction or command delivered by a court or judge. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Rule 41. Dismissal of Actions | Federal Rules of Civil Procedure | US Law | LII / Legal Information Institute.

An action may be dismissed by the plaintiff without order of court (A) By filing notice of dismissal at any time before service by the adverse party of an answer or a responsive pleading or a motion for summary judgment, whichever first occurs; or (B) By filing a stipulation of dismissal signed by all parties who have ...

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 ...

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.

Rule 48 - Dismissal (a)By Attorney for State. The attorney for the State may file a dismissal of an indictment, information, or complaint and the prosecution shall thereupon terminate. Such a dismissal may not be filed during the trial without the consent of the defendant.

New Rule 35(c) of the Rhode Island Superior Court Rules of Criminal Procedure allows probationers to ask the court to terminate their probation early if they meet certain conditions.

By definition, a dismissal for want of prosecution occurs when a case is dropped because the plaintiff failed to take necessary and required actions in a timely manner. There are a number of reasons why this might happen. In some cases, the plaintiff simply forgot about the case or was too busy to deal with it.

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.

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Rhode Island Order Setting Aside Dismissal for Want of Prosecution