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Rhode Island Order Granting Motion for Summary Judgment and Final Judgment of Dismissal with Prejudice

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This form is a sample order granting the defendant's motion for summary judgment dismissing the plaintiff's cause of action with prejudice.

Rhode Island is a state within the New England region of the United States. In the legal context, an Order Granting Motion for Summary Judgment and Final Judgment of Dismissal with Prejudice is a significant court ruling that can lead to the resolution of a legal case without the need for a trial. This type of judgment is granted when the court determines that there are no genuine issues of material fact and that the moving party is entitled to judgment as a matter of law. In Rhode Island, there are various types of cases in which an Order Granting Motion for Summary Judgment and Final Judgment of Dismissal with Prejudice can be applicable. Some examples include: 1. Civil cases: In civil litigation, this type of judgment is often sought by defendants who argue that the plaintiff's claims lack legal merit or that there is insufficient evidence to support the allegations. 2. Personal injury cases: Defendants in personal injury lawsuits may file a motion for summary judgment if they believe they should not be held liable for the plaintiff's injuries. They must demonstrate that there is no genuine dispute regarding their negligence or fault. 3. Contract disputes: In contractual matters, either party can seek a summary judgment if they believe the terms of the agreement are clear, and there is no genuine dispute as to its interpretation or enforceability. 4. Employment litigation: Employers or employees involved in employment-related lawsuits may file a motion for summary judgment to resolve disputes pertaining to wrongful termination, discrimination, or wage disputes, among others. 5. Insurance claims: Insurance companies can seek summary judgment to argue that they are not obligated to provide coverage or pay a claim, usually based on policy exclusions or the insured's failure to comply with policy requirements. When an Order Granting Motion for Summary Judgment and Final Judgment of Dismissal with Prejudice is issued, it signifies the conclusion of the case. The "with prejudice" designation means that the judgment is final, and the claims cannot be refiled or pursued again in the future. Overall, obtaining such a judgment can be a favorable outcome for the party seeking dismissal of the case. It can save the parties involved time, expenses, and potential risks associated with trial while providing a conclusive resolution to the legal dispute.

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FAQ

Any party may serve upon any adverse party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association, by any officer or agent, who shall furnish such information as is available to the party.

Interrogatories to Parties (a) In General. (1) Availability. Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts.

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 ...

(1)On Court's Own Motion. The court may, at any time, in its discretion dismiss any action for failure of the plaintiff to comply with these rules or any order of court, or for lack of prosecution if the action has been pending for more than five (5) years.

Section (1) of Rule 37 (a) explains that a party can move for an order compelling disclosure of discovery. However, the motion must include a certification that the petitioner either ?conferred or attempted to confer with the person or party failing to make disclosure or discovery? prior to asking for court action.

Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership, governmental entity, or unincorporated association, by any officer or agent, who shall furnish such information as is available to the party.

X, Rule 7 of the Rhode Island Supreme Court Rules Governing Electronic Filing, Eevery pleading, written motion, and other paper of a party represented by an attorney shall be personally signed by at least one (1) attorney of record in the attorney's individual name and shall state the attorney's, whose address, email ...

An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless the party states that the party has made reasonable inquiry and that the information known or readily obtainable by the party is insufficient to enable the party to admit or deny.

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 ... Request for continuances (even if by agreement of the parties) as well as request to withdraw a motion without prejudice which if requested less than 8 days ...A voluntary dismissal by the claimant alone pursuant to paragraph (1) of subdivision (a) of this rule shall be made before a responsive pleading or a motion for ... Jun 8, 2018 — We lead with the principle that “[a] dismissal, with prejudice, constitutes a final judgment on the merits.” DiPinto v. Sperling, 9 F.3d 2, 4 ( ... 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 ... If a scheduling order has been entered by the court, either party may move for summary judgment as to any claim or defense as a matter of right by the time. The date of entry of any final judgment, order, or decree is the date it is signed by the judge either on paper or by electronic means in accord with Rule 1:17. by RB Kent · 2004 — 23 The action was dismissed by the superior court without prejudice pursuant to Rule 4(1).24 The plaintiff, within one year after the dismissal, commenced a new ... (2) consider the fact undisputed for purposes of the motion;. (3) grant summary judgment if the motion and supporting materials—including the facts ... Oct 28, 2021 — answer or summary judgment motion, “the plaintiff may dis- miss an action without a court order” simply by filling a “notice of dismissal.

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Rhode Island Order Granting Motion for Summary Judgment and Final Judgment of Dismissal with Prejudice