Rhode Island Motion for Leave to Amend Complaint - Personal Injury

State:
Multi-State
Control #:
US-PI-0039
Format:
Word; 
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This form is a sample motion used by the plaintiff in a personal injury action requesting permission from the Court to amend the complaint in order to add addtional parties and to increase the amount of damages sought.

A Rhode Island Motion for Leave to Amend Complaint — Personal Injury is a legal document that allows a plaintiff in a personal injury case to request permission from the court to make changes or additions to their original complaint. This motion provides an opportunity for the plaintiff to update or correct any factual or legal errors, add new information, or include additional defendants or causes of action. In Rhode Island, there are different types of Motion for Leave to Amend Complaint — Personal Injury, which may include: 1. Amending the Complaint to Correct Errors: This type of motion is filed when the plaintiff identifies any factual or typographical errors in their initial complaint that need to be rectified. It may involve revising dates, names, addresses, or other details that were incorrectly stated in the original document. 2. Adding New Allegations: If the plaintiff discovers new information or evidence that supports their personal injury claim, they may file a motion to amend the complaint to add these additional allegations. This could include newly found witnesses, negligent parties, or specific details about the incident that enhance the plaintiff's case. 3. Changing Legal Theories: Sometimes, during the course of a personal injury lawsuit, the plaintiff's legal strategy may evolve. In such cases, the plaintiff may seek permission to change the legal theories or causes of action stated in their original complaint. This could involve a switch from negligence to strict liability or from a general personal injury claim to a product liability claim. 4. Joining Additional Defendants: In some situations, the plaintiff may discover additional parties who should be held responsible for their injuries. This type of motion allows the plaintiff to request permission to join these new defendants to the existing lawsuit. The court will consider factors such as the statute of limitations and the connection between the new parties and the personal injury claim. 5. Removing Existing Defendants: Alternatively, a plaintiff may realize that certain defendants named in the original complaint should be excluded from the lawsuit due to lack of evidence or other reasons. They can file a motion seeking permission to dismiss these defendants from the case. In any of these Rhode Island Motion for Leave to Amend Complaint — Personal Injury scenarios, the plaintiff must provide a detailed explanation to the court justifying the requested modifications to their original complaint. They should outline the reasons for the proposed amendments, demonstrate due diligence in discovering new information, and explain why justice requires allowing these changes. It's crucial to consult with an experienced personal injury attorney in Rhode Island to navigate the complex legal procedures involved in filing a Motion for Leave to Amend Complaint — Personal Injury successfully. They can provide guidance on the proper format, relevant case laws, and persuasive arguments to improve the chances of obtaining court approval for amending the complaint.

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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 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 ...

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.

Proceedings following the substitution shall be in the name of the substituted party, but any misnomer not affecting the substantial rights of the parties shall be disregarded. An order of substitution may be entered at any time, but the omission to enter such an order shall not affect the substitution.

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.

Rule 36 - Clerical Mistakes. Clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of the court's own initiative or on the motion of any party and after such notice, if any, as the court orders.

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.

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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 ... (A) A motion to amend a pleading;. (B) aA motion for leave to serve a third-party complaint;. (C) aA motion for an order for a physical or mental examination;.Upon motion of a party the court may, upon reasonable notice and upon such terms as are just, permit the party to serve a supplemental pleading, setting forth ... Dec 1, 2019 — (6) in personal injury cases, a complete description of the injuries sustained, whether any of them are permanent, copies of all relevant ... Dec 1, 2016 — If the motion to amend is granted, the Clerk shall file the proposed ... (6) in personal injury cases, a complete description of the injuries ... Civil Procedure 15(a) provides that a party may amend its complaint "only by leave of ... personal injury actions under Rhode Island law, the statute of ... motion to amend is DENIED AS MOOT, and the motion for leave to amend the complaint or substitute a party, which the Court had construed as incorporated in ... granted Plaintiffs' Motion for Leave to File an Amended Complaint. ... then the Court also would deny the Motion for Leave to File a Second Amended Complaint. An order sustaining a demurrer and granting leave to file an amended pleading by a ... an appeal may file a motion in the appellate court to dismiss the appeal. Aug 8, 2023 — On May 12, 2021, the six original Plaintiffs filed a motion for leave to file a ... complaint or any of the amended complaints, and the 8 Law ( ...

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Rhode Island Motion for Leave to Amend Complaint - Personal Injury