Missed Hearing Motion Steps

Summary

If you missed a hearing due to not receiving notice, you can file a Motion to Vacate Dismissal in Rhode Island. Explain the lack of notice, any health issues, and proactive steps taken, such as creating a dedicated email for court notices. Include any additional efforts, like contacting the defendants attorney, to strengthen your case. Consider consulting with an attorney for guidance.

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This is a rhode island case. When i recived the dismissal notice i searched my email and found the hearting notice that I missed.
Since this is a Rhode Island case, you might consider filing a Motion to Vacate the Dismissal. Rhode Island courts may allow you to request relief if you can show that you did not receive the notice in time.
~Rhode Island Superior Court
Phone: (*) *-*
Website: www.courts.ri.gov

Have you consulted with an attorney about this situation yet?
Please write the notice. So that I can file an emergency notice due to my health problems.
Here’s a draft of an emergency motion to vacate the dismissal due to not receiving notice and health issues:
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Rhode Island Superior Court
[Court's Address]
[City, State, ZIP Code]
Re: Case No. [Your Case Number]
Emergency Motion to Vacate Dismissal
Dear Honorable Judge [Judge's Name],
I, [Your Name], am the plaintiff/defendant in the above-referenced case. I respectfully submit this Emergency Motion to Vacate the Dismissal of my case, which was dismissed on [Dismissal Date] due to my non-appearance at the hearing scheduled for October *, *.
Reasons for Motion:
*. Lack of Notice: I did not receive the notice of the hearing via email in a timely manner. Upon receiving the dismissal notice, I searched my email and discovered the notice of hearing, which I had missed.
*. Health Problems: I am currently experiencing significant health problems that further complicated my ability to manage my case and communications effectively.
Request for Relief:
Given the circumstances, I respectfully request that the court vacate the dismissal of my case and reschedule a new hearing date. I am prepared to attend any future hearings and comply with all court requirements.
Thank you for your consideration.
Sincerely,
[Your Signature]
[Your Name]
---
~Rhode Island Superior Court
Phone: (*) *-*
Website: www.courts.ri.gov

Have you consulted with an attorney about filing this motion?
should i say in addition i on October * * I sent a letter to defendants attorney seeking Supplematry Discovery further showing that I had no idea. In addition I have never missed a hearing before.
Yes, you can include that information to strengthen your motion. Here's a possible revision:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Rhode Island Superior Court
[Court's Address]
[City, State, ZIP Code]
Re: Case No. [Your Case Number]
Emergency Motion to Vacate Dismissal
Dear Honorable Judge [Judge's Name],
I, [Your Name], am the plaintiff/defendant in the above-referenced case. I respectfully submit this Emergency Motion to Vacate the Dismissal of my case, which was dismissed on [Dismissal Date] due to my non-appearance at the hearing scheduled for October *, *.
Reasons for Motion:
*. Lack of Notice: I did not receive the notice of the hearing via email in a timely manner. Upon receiving the dismissal notice, I searched my email and discovered the notice of hearing, which I had missed.
*. Health Problems: I am currently experiencing significant health problems that further complicated my ability to manage my case and communications effectively.
*. Additional Efforts:On October *, *, I sent a letter to the defendant's attorney seeking supplementary discovery, further showing that I had no idea about the hearing. Additionally, I have never missed a hearing before.
Request for Relief:
Given the circumstances, I respectfully request that the court vacate the dismissal of my case and reschedule a new hearing date. I am prepared to attend any future hearings and comply with all court requirements.
Thank you for your consideration.
Sincerely,
[Your Signature]
[Your Name]
---
Have you consulted with an attorney about filing this motion?
What can I do to show that I have rectified the problem? can i show that I ahve created a separate email just for notices from the court which I have given to the clerk?
Creating a separate email for court notices and informing the clerk about it can demonstrate your commitment to addressing the issue. Include this information in your motion to show proactive steps taken.
Would you like help drafting that addition to your motion?
Yes please include it.
Here's the updated draft of your emergency motion, including the proactive steps you've taken:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Rhode Island Superior Court
[Court's Address]
[City, State, ZIP Code]
Re: Case No. [Your Case Number]
Emergency Motion to Vacate Dismissal
Dear Honorable Judge [Judge's Name],
I, [Your Name], am the plaintiff/defendant in the above-referenced case. I respectfully submit this Emergency Motion to Vacate the Dismissal of my case, which was dismissed on [Dismissal Date] due to my non-appearance at the hearing scheduled for October *, *.
Reasons for Motion:
*. Lack of Notice: I did not receive the notice of the hearing via email in a timely manner. Upon receiving the dismissal notice, I searched my email and discovered the notice of hearing, which I had missed.
*. Health Problems: I am currently experiencing significant health problems that further complicated my ability to manage my case and communications effectively.
*. Additional Efforts: OnOctober *, *, I sent a letter to the defendant's attorney seeking supplementary discovery, further showing that I had no idea about the hearing. Additionally, I have never missed a hearing before.
*. Proactive Steps: To ensure this issue does not recur, I have created a separate email account exclusively for court notices and have informed the court clerk of this new email address.
Request for Relief:
Given the circumstances, I respectfully request that the court vacate the dismissal of my case and reschedule a new hearing date. I am prepared to attend any future hearings and comply with all court requirements.
Thank you for your consideration.
Sincerely,
[Your Signature]
[Your Name]
---
Would you like any more adjustments to this draft?