[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Title] [Recipient's Address] [City, State, ZIP] Subject: Motion to Extend Time for Service of Process Dear [Recipient's Name], I hope this letter finds you in good health and high spirits. I am writing to seek your permission to file a motion requesting an extension of time for the service of process in the case of [Case Name/Number]. As you may be aware, I represent the plaintiff in this matter, and it has come to my attention that despite our diligent efforts, we have encountered unavoidable circumstances that have hindered our ability to serve the defendant within the prescribed timeframe as per the Rhode Island Rules of Civil Procedure. It is crucial that we are granted additional time to effectuate proper service to ensure a fair and just judicial process. I would like to highlight the following reasons necessitating this extension: 1. Diligent Search: Untiring efforts have been made to locate the defendant and achieve personal service, including contacting their known associates, reaching out to family members, and conducting exhaustive online searches through public records and social media platforms, all of which have yielded no concrete results. 2. COVID-19 Impact: The ongoing global pandemic has posed numerous challenges, including limited access to public records, restricted movement, and reduced availability of process servers, all of which have significantly impeded our ability to serve the defendant within the original timeframe. 3. Complex Circumstances: The nature of this case, involving intricate legal and factual matters, has necessitated a thorough investigation. This has led to a delay in identifying and locating the appropriate individual to serve the legal documents upon, causing an unforeseen delay in meeting the service of process deadline. In light of the aforementioned circumstances, and with the utmost respect for the court's time and resources, we kindly request an extension of [state requested time extension, e.g., 30 days] from the original deadline for service of process. We assure you that we remain committed to diligently pursuing service upon the defendant within the extended timeframe. We understand the importance of timely legal proceedings while upholding the principles of due process and fairness. Enclosed with this letter, you will find a copy of the proposed motion, detailing the facts surrounding our request for the extension of time for service of process. We kindly request that you review and consider our motion at your earliest convenience. Should you require any additional information or have any questions, please do not hesitate to contact me. Thank you for your understanding and consideration in this matter. We greatly appreciate your assistance in accommodating this request, which will facilitate a just and equitable resolution to this case. Yours sincerely, [Your Name]
Rhode Island Sample Letter for Motion to Extend Time for Service of Process
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A party may amend the party's pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, the party may so amend it the pleading at any time within twenty (20) ...
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.
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.
If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim. No defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion.
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.
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 ...
