Rhode Island Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence

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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.

Title: Rhode Island Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence Keywords: Rhode Island, affidavit, attorney, motion, set aside submission, reopen case, newly discovered evidence Description: An affidavit is a legal document that provides sworn statements by an attorney on behalf of their client. In Rhode Island, an affidavit of attorney can be filed to support a motion seeking to set aside a submission and reopen a case based on newly discovered evidence. This document is a crucial tool for attorneys to present compelling arguments and evidence to persuade the court to reconsider a previous decision. The Rhode Island Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence is used when new evidence has come to light that significantly impacts the outcome of a previous case. This evidence must have been unknown or unavailable at the time of the original trial, appeal, or hearing. By filing this affidavit, an attorney demonstrates their dedication to helping their client obtain justice and a fair resolution. Different types of Rhode Island Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence may include: 1. Criminal Cases: Attorneys representing clients in criminal proceedings may file this affidavit if they unearth evidence that could potentially prove their client's innocence or challenge the validity of the conviction. 2. Civil Cases: In civil cases, attorneys may submit this affidavit to request the reopening of a case due to new evidence that could significantly alter the outcome or demonstrate a miscarriage of justice. 3. Family Law Cases: Attorneys practicing in family law may use this affidavit to present newly discovered evidence that impacts child custody, visitation rights, or other important concerns. The evidence must be substantial and have a direct bearing on the case. 4. Personal Injury Claims: Attorneys representing individuals involved in personal injury lawsuits may file this affidavit if they uncover evidence that proves liability or fault on the part of another party, potentially leading to a reversal or reconsideration of the initial decision. The Rhode Island Affidavit of Attorney allows attorneys to present their arguments and the newly discovered evidence in a structured and convincing manner. It serves as a tool to persuade the court to reconsider the original decision and grant justice in light of the new evidence presented. Attorneys must carefully draft this affidavit, ensuring it complies with Rhode Island's legal requirements, to increase the likelihood of success in reopening the case.

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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 ...

Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person and, if the person's attendance is commanded, by tendering to that person the fees for one (1) day's attendance and the mileage allowed by law.

Personal Service: Pursuant to FRCP Rule 45(b)(1) a subpoena must be personally delivered to the person whose attendance is required by the subpoena. A person who serves the subpoena must be at least 18 years of age. A person who serves the subpoena cannot be a party to the proceeding under which the subpoena is issued.

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 ...

Disclosure rules for civil litigation in United States federal courts generally do not require third-parties to create documents or other information that do not already exist.Federal Rule of Civil Procedure 45 allows parties in civil litigation to issue subpoenas to non-parties, who must i) produce documents as they ...

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 ...

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 12 - Pleadings and Motions before Trial-defenses and Objections. (a)Pleadings and Motions. Pleadings in criminal proceedings shall be the indictment, information, or complaint, and the pleas of not guilty, guilty and nolo contendere.

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When a motion for new trial is based upon affidavits they shall be served with the motion. The opposing party has ten (10) days after such service within. "In this appeal, we are asked to decide for the first time whether a party to a dissolution of marriage action may substitute the executor or administrator of ...May 6, 2010 — second or successive §2255 motion to vacate, based on alleged newly discovered evidence and a challenge to the Federal "Three Strikes" statute. Jun 18, 2018 — The district court denied the motion because Mitchell identified no evidence of juror misconduct, and therefore failed to show good cause. In ... Pursuant to the Order, consent is deemed to be informed only if Respondents clearly and conspicuously disclose, among other things, that subscribers will be ... (1) File a Motion to Reopen the case;. (2) Pay the applicable re-opening fee ... which Motion shall set forth the attorney's compliance with this LBR and Local ... Immediately upon the filing of a notice of appeal the appellate court acquires jurisdiction over the case. ... file a motion in the appellate court to dismiss the ... Mar 3, 2023 — Further, in all three jurisdictions, plaintiffs must file a service affidavit proving that they served the defendant, which the court clerk must ... ... motion to vacate, b a s e d on alleged newly discovered evidence and a challenge to the Federal "Three Strikes" statute. The Court o f Appeals denied the ... A New Zealand judgment must only be set aside where:27 ... In the case of jurisdiction based only on personal service, the foreign court was a seriously.

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Rhode Island Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence