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Rhode Island Motion for Recusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions

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US-MOT-01426
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This is a multi-state form covering the subject matter of the title.

Rhode Island Motion for Refusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions A Rhode Island Motion for Refusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions is a legal document that seeks to request the disqualification of a judge from hearing a case and a change in the location where the trial will take place. This motion is filed when a co-defendant in a criminal case has prior criminal convictions that could prejudice the fairness of the trial or create an unfair bias against the other co-defendants. Refusal, in legal terms, refers to the voluntary withdrawal or disqualification of a judge or presiding officer from a case due to potential conflicts of interest, personal bias, or any other factor that may impair their ability to decide the case impartially. In the context of a Motion for Refusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions, the motion argues that a judge may be biased against the co-defendants in the case because of the influence of the prior criminal convictions of one of the defendants. Change of Venue, on the other hand, deals with transferring a trial to a different geographical location within the state, usually due to concerns over pretrial publicity, community bias, or other factors that may impact the fair trial rights of the defendants. In the case of a Motion for Refusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions, the motion asserts that the trial should be moved to a different location where the influence of the co-defendant's prior criminal convictions is less likely to affect the proceedings. It's important to note that Rhode Island may not have specific types of motions for refusal and change of venue solely based on co-defendants' prior criminal convictions. However, variations of this motion can be adapted to different circumstances and specific case details. For example, a defendant may file a motion for refusal based on a judge's personal relationship with a co-defendant or a motion for change of venue due to extensive media coverage or public opinion surrounding the co-defendant's criminal history. Keywords: Rhode Island, Motion for Refusal, Change of Venue, Co-Defendant, Prior Criminal Convictions, Legal Document, Disqualification, Judge, Trial, Bias, Fairness, Prejudice, Impartiality, Conflicts of Interest, Geographical Location, Pretrial Publicity, Community Bias, Fair Trial Rights, Adaptation, Personal Relationship, Media Coverage, Public Opinion, Circumstances, Case Details.

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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.

(a) Form; Issuance. (1) Every subpoena shall. (A) state the name of the court from which it is issued; and. (B) state the title of the action, the name of the court in which it is pending, and its civil action number; and.

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 ...

If a plaintiff who has once dismissed an action in any court commences an action based on or including the same claim against the same defendant, the court may make such order for the payment of costs of the action previously dismissed as it may deem proper and may stay the proceedings in the action until the plaintiff ...

When the plaintiff's claim against a defendant is for a sum certain or for a sum which can by computation be made certain, the clerk upon request of the plaintiff and upon affidavit of the amount due shall enter judgment for that amount and costs against the defendant, if the defendant has been defaulted for failure to ...

Section 170.6 - Judge or court commissioner prejudiced against party or attorney or interest of party or attorney (a) (1) A judge, court commissioner, or referee of a superior court of the State of California shall not try a civil or criminal action or special proceeding of any kind or character nor hear any matter ...

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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A civil action is commenced (1) by the filing of a complaint, Civil Case Cover Sheet, and all other required documents with the court together with the entry ... Jun 29, 2011 — The hearing justice denied both a motion to recuse and a motion seeking a change in venue. In so doing, the hearing justice remarked as ...This manual contains a summary of the important cases and court rules touching upon every major procedural facet of criminal defense representation in Rhode ... Subdivision (d) authorizes the court to transfer a case to Providence County in order to dispose of pending pre-trial motions or proceedings, including ... by LW Abramson · 2011 · Cited by 67 — In the remaining states, if a party believes that the assigned judge cannot grant a party a fair trial, the party may file a motion for a change of judge. Feb 6, 2014 — 1978) (affirming denial of a recusal motion where the judge's “former membership in the Davis Polk firm had for years been a matter of public ... This electronic edition of Trial Manual 6 for the Defense of Criminal Cases by Anthony G. Amsterdam and Randy Hertz is made available for use prior to the ... Aug 4, 2023 — A motion to disqualify a judge must be: (i) in writing; (ii) accompanied by a factual affidavit; and (iii) filed no less than five days before ... If a notice of appeal has been filed prior to the expiration of the 21-day period prescribed by Rule 1:1, the circuit court retains plenary, concurrent ... On June 11, 2014, one week before the defendant's motion to change venue was due, the defendant filed a two-page motion for extension of time, requesting that.

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Rhode Island Motion for Recusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions