A Practical Guide to Superior Court Practice in Rhode Island

How to get it in and how to keep it out

Product Number: 2236952WCH
Publication Date: 12/20/2023
Edition: 2nd Edition 2023
Copyright: © 2023 MCLE, Inc.
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A Practical Guide to Superior Court Practice in Rhode Island

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Checklist for Suggested Jury Considerations in Identification Case Checklist 6.2 from A Practical Guide to Superior Court Practice in Rhode Island $45.00; Members $40.50; New Lawyers $22.50 Free for OnlinePass subscribers.

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Product Description
Product Description

This manual guides you through the foundations for admitting evidence, and privilege, disqualification, exclusions and limitations that prevent evidence from coming in at trial. The book also covers a variety of topics related to witnesses, including the principles of witness corroboration, competency, impeachment and rehabilitation, along with foundations for identification and reputation. Look to the chapter on the hearsay rule and its exceptions to gain a comprehensive understanding as to how hearsay evidence is treated under the Rhode Island rules. The book features chapters on specific types of evidence, including forms of demonstrative and documentary evidence. Featured in each chapter is a clear statement of evidentiary foundations, and sample dialogues between counsel and a witness and judge with regard to a broad array of evidentiary issues. A practice handbook in its most basic form, A Practical Guide to Evidence in Rhode Island is "required reading" for any Rhode Island lawyer who wishes to excel in the courtroom—criminal or civil.

Recent updates:
- Update: September 2024
  Dear Subscriber:
  
  Thank you for choosing to keep your library current with this 2024 edition of A Practical Guide to Evidence in Rhode Island.
  
  Inside this edition, you will find new material on topics such as the following:
  - Witness corroboration and support. Find new case law in Chapter 5 on the topic of habit and routine practice, including a 2023 case where the court opined that there is no bright-line rule regarding the number of times a witness must have engaged in a particular practice in order to establish habit or routine.
  - Photographs and video footage. In Chapter 14, a 2024 case is offered to illustrate basic principles of au-thenticity and foundational requirements that apply to the admission of all images, including motion pic-tures or video footage.
  - Deepfakes and the influence of AI on demonstrative evidence. Chapter 14 also discusses inquiries as to the authenticity of digital images and the impact on chain of custody.
  We at MCLE trust that you will find this edition useful in your litigation and trial work, and valuable in keeping your law library current.
  
  Cordially,
  
  MCLE Press
Table of Contents

Table of Contents
expand all

Chapter 01 expand

Introduction
Buy Chapter
Hon. Patricia A. Hurst, Rhode Island Superior Court

Chapter 02 expand

Preparing Pleadings
Buy Chapter
Cassandra L. Feeney, Esq., Hamel, Waxler, Allen & Collins, PC

Chapter 03 expand

Civil Motion Practice
Buy Chapter
Christopher Alger, Esq., Alger Law LLC
Melody A. Alger, Esq., Alger Law LLC

Exhibit 3A
- Rule 5 of the Superior Court Rules of Civil Procedure Buy Form

Exhibit 3B
- June 2023 Civil Motion Calendar Protocols Buy Form

Exhibit 3C
- Rule 37 of the Superior Court Rules of Civil Procedure Buy Form

Exhibit 3D
- Remote Hearing Protocols Buy Form

Chapter 04 expand

Special Proceedings on the Formal and Special Cause Calendar
Buy Chapter
James P. Marusak, Esq., Gidley, Sarli & Marusak LLP

Chapter 05 expand

Declaratory Judgment Actions
Buy Chapter
John M. Boland, Esq., Reynolds, DeMarco & Boland Ltd.
Mark T. Reynolds, Esq., Reynolds, Demarco & Boland Ltd

Chapter 06 expand

Rhode Island Superior Court Business Calendar
Buy Chapter
W. Mark Russo, Esq., Ferrucci Russo PC

Exhibit 6A
- Administrative Order No. 2011-10 Buy Form

Exhibit 6B
- Business Calendar Assignment Worksheet Buy Form

Chapter 07 expand

Alternate Dispute Resolution
Buy Chapter
Peter Lawson Kennedy, Esq., Peter Lawson Kennedy Law
Carol A. Zangari, Esq., Law Offices of Carol A. Zangari

Chapter 08 expand

Preparing for Trial
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Michael J. Colucci, Esq., Olenn & Penza, LLP
J. Renn Olenn, Esq.,
Holly R. Rao, Esq., Olenn & Penza, LLP

Chapter 09 expand

Voir Dire
Buy Chapter
Amato A. DeLuca, Esq., DeLuca & Associates, Ltd

Exhibit 9A
- Motion for Use of the Struck System Buy Form

Exhibit 9B
- Motion for Individual Voir Dire Buy Form

Exhibit 9C
- Juror Questionnaire Buy Form

Chapter 10 expand

The Trial as Art
Buy Chapter
John T. Mulcahy, Esq., U.S. Attorney's Office
Todd D. White, Esq.,

Chapter 11 expand

Postjudgment Motions and Appeals
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James Lee, Esq.,

Chapter 12 expand

Default, Proof of Damages, and Entry of Final Judgment in Defaulted Cases
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William J. Conley, Jr., Esq., Law Office of William J. Conley

Chapter 13 expand

Postjudgment Proceedings in Aid of Collection of Judgments
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Lynda L. Laing, Esq., Strauss, Factor, Laing & Lyons

Chapter 14 expand

Zoning Appeals
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Megan Maciasz DiSanto, Esq., The City of Providence, Solicitors Office

Chapter 15 expand

Rhode Island Criminal Practice: An Overview
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Jeffrey M. Biolchini, Esq., Ratcliffe Harten Galamaga LLP
J. Richard Ratcliffe, Esq., Ratcliffe Harten Galamaga LLP

Exhibit 15A
- Client Intake Form—Criminal Matter Buy Form

Exhibit 15B
- Fee Agreement Buy Form

Exhibit 15C
- Proffer Letter Buy Form

Exhibit 15D
- Stipulation of Authenticity of Documents Buy Form

Exhibit 15E
- Defendant’s Motion for Bill of Particulars Buy Form

Exhibit 15F
- Defendant’s Motion for Discovery and Inspection Buy Form

Exhibit 15G
- Defendant’s Request for Discovery Buy Form

Exhibit 15H
- Defendant’s Motion for Issuance of Subpoena Buy Form

Exhibit 15I
- Defendant’s Motion for Certificate of Materiality to Secure Attendance of Out-of-State Witness Buy Form

Exhibit 15J
- Defendant’s Certificate of Materiality to Secure Attendance of Out-of-State Witness Buy Form

Exhibit 15K
- Defendant’s Subpoena to Secure Attendance of Out-of-State Witness Buy Form

Exhibit 15L
- Community Confinement Agreement Buy Form

Chapter 16 expand

The Felony Charging Process, Charging Instruments, Arraignment, and Bail
Buy Chapter
Eric A. Batista, Esq., Indeglia & Associates

Chapter 17 expand

Bail
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John L. Calcagni, III., Esq., Law Office of John L. Calcagni, III

Chapter 18 expand

Criminal Discovery Practice
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Rebecca L. Aitchison, Office of the Federal Public Defender

Chapter 19 expand

Rule 11 Pleas
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John L. Calcagni, III., Esq., Law Office of John L. Calcagni, III

Chapter 20 expand

Media Issues and High-Profile Cases
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Thomas G. Briody, Esq., Law Offices of Thomas G. Briody

Exhibit 20A
- Rule 3.6 of the Supreme Court Rules of Professional Conduct—Trial Publicity Buy Form

Chapter 21 expand

Trial Presentation and Evidentiary Issues in Criminal Trials
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Pamela E. Chin, Esq., Lynch & Pine, LLC

Chapter 22 expand

End of Trial in Criminal Cases
Buy Chapter
Michael A. DiLauro, Esq.,

Checklist 22.1
- Rhode Island Bail Guidelines, Rules (BGR), and Arguments Buy Form

Checklist 22.2
- Daubert Pretrial Admissibility Hearings Under Rhode Island Law Buy Form

Checklist 22.3
- Expungement: Who, When, Why & How Buy Form

Checklist 22.4
- Sealing: Who, When, Why & How Buy Form

Checklist 22.5
- Objections at Trial Buy Form

Checklist 22.6
- Common Evidentiary Foundations Buy Form

Checklist 22.7
- Motions in Limine Buy Form

Checklist 22.8
- Voir Dire Buy Form

Exhibit 22A
- Sample Objection to the Court’s Failure to Give Jury Instruction Requested by the Defense Buy Form

Exhibit 22B
- Sample Objection to the Charge Buy Form

Exhibit 22C
- Sample Requests for Jury Instructions Buy Form

Exhibit 22D
- Sample Requests in Bench Trial Buy Form

Exhibit 22E
- Sample Cautionary Instruction Following Denial of a Motion to Pass Based on Improper Closing Argument by the State Buy Form

Chapter 23 expand

Sentencing in Superior Court
Buy Chapter
Christopher S. Gontarz, Esq., Lynch & Pine, LLC

Exhibit 23A
- Request to Enter Plea of Nolo Contendere or Guilty Buy Form

Chapter 24 expand

Postverdict Motions and Appeals in Criminal Cases
Buy Chapter
Thomas M. Dickinson, Esq., Law Offices of Thomas Dickinson
John A. MacFadyen, III, Esq.,

Chapter 25 expand

Probation Violation Hearings
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John E. MacDonald, Esq., Law Office of John E. MacDonald, Inc.

Chapter 26 expand

Parole Board Practice
Buy Chapter
Victoria M. Almeida, Esq., Adler, Pollock & Sheehan, PC
Laura Pisaturo, RI Parole Board

Chapter 27 expand

Postconviction Relief
Buy Chapter
Judy Davis, Esq.,
Editors & Authors

Editor(s)

Christopher S. Gontarz, Esq., Lynch & Pine, LLC, Providence

Hon. Patricia A. Hurst, Rhode Island Superior Court, Providence

Author(s)

Rebecca L. Aitchison, Office of the Federal Public Defender, Providence

Christopher Alger, Esq., Alger Law LLC, West Warwick

Melody A. Alger, Esq., Alger Law LLC, Providence

Victoria M. Almeida, Esq., Adler, Pollock & Sheehan, PC, Providence

Eric A. Batista, Esq., Indeglia & Associates, Warwick

Jeffrey M. Biolchini, Esq., Ratcliffe Harten Galamaga LLP, Providence

John M. Boland, Esq., Reynolds, DeMarco & Boland Ltd., Providence

Thomas G. Briody, Esq., Law Offices of Thomas G. Briody, Providence

John L. Calcagni, III., Esq., Law Office of John L. Calcagni, III, Providence

Pamela E. Chin, Esq., Lynch & Pine, LLC, Providence

Michael J. Colucci, Esq., Olenn & Penza, LLP, Warwick

William J. Conley, Jr., Esq., Law Office of William J. Conley, Providence

Judy Davis, Esq., Rumford

Amato A. DeLuca, Esq., DeLuca & Associates, Ltd, Providence

Thomas M. Dickinson, Esq., Law Offices of Thomas Dickinson, Johnston

Michael A. DiLauro, Esq., Providence

Megan Maciasz DiSanto, Esq., The City of Providence, Solicitors Office, Providence

Cassandra L. Feeney, Esq., Hamel, Waxler, Allen & Collins, PC, Providence

Christopher S. Gontarz, Esq., Lynch & Pine, LLC, Providence

Hon. Patricia A. Hurst, Rhode Island Superior Court, Providence

Peter Lawson Kennedy, Esq., Peter Lawson Kennedy Law, Cranston

Lynda L. Laing, Esq., Strauss, Factor, Laing & Lyons, Providence

James Lee, Esq., Richmond

John E. MacDonald, Esq., Law Office of John E. MacDonald, Inc., Providence

John A. MacFadyen, III, Esq., Westport

James P. Marusak, Esq., Gidley, Sarli & Marusak LLP, Providence

John T. Mulcahy, Esq., U.S. Attorney's Office, Boston

J. Renn Olenn, Esq.,

Laura A. Pisaturo, Esq., Cranston

Holly R. Rao, Esq., Olenn & Penza, LLP, Warwick

J. Richard Ratcliffe, Esq., Ratcliffe Harten Galamaga LLP, Providence

Mark T. Reynolds, Esq., Reynolds, Demarco & Boland Ltd, Providence

W. Mark Russo, Esq., Ferrucci Russo PC, Providence

Todd D. White, Esq.,

Carol A. Zangari, Esq., Law Offices of Carol A. Zangari, Warwick

TOP

A Practical Guide to Superior Court Practice in Rhode Island

How to get it in and how to keep it out

A Practical Guide to Superior Court Practice in Rhode Island

How to get it in and how to keep it out

Your Selection:

Product Description

Recent updates:

Table of Contents

Introduction

Preparing Pleadings

Civil Motion Practice

Exhibit 3A

Exhibit 3B

Exhibit 3C

Exhibit 3D

Special Proceedings on the Formal and Special Cause Calendar

Declaratory Judgment Actions

Rhode Island Superior Court Business Calendar

Exhibit 6A

Exhibit 6B

Alternate Dispute Resolution

Preparing for Trial

Voir Dire

Exhibit 9A

Exhibit 9B

Exhibit 9C

The Trial as Art

Postjudgment Motions and Appeals

Default, Proof of Damages, and Entry of Final Judgment in Defaulted Cases

Postjudgment Proceedings in Aid of Collection of Judgments

Zoning Appeals

Rhode Island Criminal Practice: An Overview

Exhibit 15A

Exhibit 15B

Exhibit 15C

Exhibit 15D

Exhibit 15E

Exhibit 15F

Exhibit 15G

Exhibit 15H

Exhibit 15I

Exhibit 15J

Exhibit 15K

Exhibit 15L

The Felony Charging Process, Charging Instruments, Arraignment, and Bail

Bail

Criminal Discovery Practice

Rule 11 Pleas

Media Issues and High-Profile Cases

Exhibit 20A

Trial Presentation and Evidentiary Issues in Criminal Trials

End of Trial in Criminal Cases

Checklist 22.1

Checklist 22.2

Checklist 22.3

Checklist 22.4

Checklist 22.5

Checklist 22.6

Checklist 22.7

Checklist 22.8

Exhibit 22A

Exhibit 22B

Exhibit 22C

Exhibit 22D

Exhibit 22E

Sentencing in Superior Court

Exhibit 23A

Postverdict Motions and Appeals in Criminal Cases

Probation Violation Hearings

Parole Board Practice

Postconviction Relief

Editor(s)

Author(s)