markinri

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About markinri

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  1. Thanks for the advice. I am making printouts of all the cases I cited.
  2. Is there a way to merge them together or remove one? Don't want to start a fight or make things cluttered.
  3. Sorry on opening a new thread, I had read in another thread earlier it was better to open a new one at times when there were major differences. I can delete this and move to the old thread if folks want. Thanks for those rules, I had found those already. Was looking for detailed text of these: Rhode Island Rules of Evidence - Rules of Civil Procedure - State Rules of Civil Procedure - Civil Procedure
  4. 4. Plaintiff Fails To Lay a Proper Foundation to Admit Records of a Third Party Plaintiff alleges that the Defendant owes $$$$ to Midland Funding LLC as an “assignee” to OC.. Plaintiff asserts that it is the successor-in-interest or assignee of OC.. In his answer, defendant asserts that he does not owe any money to OC., and further that Defendant does not owe any money to Midland Funding LLC. Plaintiff relies exclusively on an affidavit executed by XXX XXX who identifies herself as an employee of Midland Credit Management, Inc (“MCM”) the “servicer” for the Plaintiff, and as such, she claims
  5. DEFENDANT’S MEMORANDUM OF SUPPORT IN OPPOSITION TO PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT INTRODUCTION Under Rule 56, a party may make a motion for summary judgment when there exists no issues of genuine fact. However, “It is the province of the trial justice to determine, by an examination of the pleadings, depositions, answers to interrogatories, admissions on file, and the affidavits of the parties, whether these documents present a genuine issue of material fact.” Additionally, Due to the extreme nature of summary judgement, "'the court does not pass upon the weight or credibility of th
  6. DEFENDANT’S OBJECTION TO PLAINTIFF’S MOTION FOR SUMMARY JUDGEMENT Comes now ME, Pro Se, and moves the court to deny Plaintiff’s Motion for Summary Judgment pursuant to Rule 56 of the Rhode Island Rules of Civil Procedure, and grant said judgment in favor of the Defendant on the grounds that movant has failed to proffer facts which make a prima facie case. Therefore, Defendant is entitled to Summary Judgment in his favor as a matter of law, and states as follows: 1. The Motion For Summary Judgment filed by the Plaintiff is insufficient as a matter of law. A party moving for summary judgment ha
  7. Hi all, I need to file an objection to a MSJ here in RI tomorrow. I've been working all weekend since they denied my extension of time request(thanks to all who helped in my last thread). I'm sure I have a few errors on the RI rules of evidence. They don't seem to exist anywhere on the internet so it is a bit tricky to cite them. I have tried to pull together from different samples posted on here. Unfortunately I am a computer programmer not a lawyer. Any feedback - positive or negative - would be great
  8. Just a follow up and hope that one of the regulars can point me in the right direction here. I went to court today w/ my request for extension of time but was told I couldn't submit it since I am due in court next week. I was told I could bring it up then. I was also told I need to file my objection to the msj by then as well. So here I am writing my objection now. I have a few questions: 1. How do I reference the attached credit card statements and the single page printout (which has my account #, my name, etc but no title) they included in the motion. They are only referenced in the moti
  9. Hi everyone, Per this thread : http://www.creditinfocenter.com/forums/there-lawyer-house/315479-need-help-opposition-msj.html I was hoping to get some feedback before tomorrow morning when I am going to deliver this. Thanks. STATE OF RHODE ISLAND SIXTH DIVISION COURT PROVIDENCE, SC. C/A # XXXXXX MIDLAND FUNDING, LLC Plaintiff V. ME Defendant(s) DEFENDANT'S FIRST REQUEST FOR AN EXTENSION OF TIME TO RESPOND TO THE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT The Defendant in the above titled action respectfully requests an extension of time of sixty days to respond to the Plaintiff's Mo
  10. I'm going to do this tonight and keep working on my reply to the msj.
  11. Thanks. I believe you mean this post http://www.creditinfocenter.com/forums/there-lawyer-house/311576-detailed-discussion-affirmative-defenses-including-standing-3.html#post1184427
  12. Edit: My concern on going down this road is the opposition to msj is due very soon. Not sure if it would be too close time wise. /edit Perhaps something like what is in this: http://www.creditinfocenter.com/forums/1164315-post28.html with a form for the order.
  13. Just wondering if anyone had any thoughts on filing for an extension to complete discovery and to depose the affaint. I haven't requested one before in the case and can't locate anything in the Rhode Island rules about time limits for conducting discovery or depositions.
  14. Good points. Sorry for not replying earlier I am doing this on my phone on the train. I never sent discovery but I got it ready and plan to send tomorrow regardless. Right now I think the main issues I can go on are 1. They haven't shown that they own the - no bill of sale 2. I haven't had a chance to dispose the person who filed the affidavit 3. No showing how they came up with the amount since they didn't produce three statements they included I'm sure there are more things, just hard to do on the phone. One thing I was thinking was that discovery isn't complete yet also. Could I also file