Motion To Vacate Dismissal

Summary

In Rhode Island, a partnership must be legally dissolved by the court, as per the Uniform Partnership Act. Dismissing a case without such dissolution is against legal requirements. An accounting is necessary to address financial matters. A stock power document provides evidence of partnership, supporting claims of fiduciary duty breach. Consider consulting a local attorney for personalized advice.

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Can I ask a question?
Sure, feel free to ask your question! I'm here to help.
Are these Rules correct to cite given the following motion's info:I respectfully request that the Court compel opposing counsel to answer a pivotal question central to my motion for reconsideration under Rule *(b) based on fraud and usury. This question is crucial for proving the alleged fraud and ensuring a fair adjudication of my case. Request for Judicial Notice: On November *, *, in my Verified Emergency Reply to Opposition to Rule *(B) Motion, I respectfully asked the court to reconsider and specifically direct opposing counsel to answer the following question: whether they had any reason to believe or suspect that the foreclosure was grounded in fraud and usury, given the evidence presented. To date, this question remains unanswered, severely impacting the integrity of the judicial process and my ability to receive a fair trial.
The rules and case law you cited are generally appropriate for your motion.
- Rule *(a) of the Massachusetts Rules of Civil Procedure
- Rule *(b)(*) of the Massachusetts Rules of Civil Procedure
- Hickman v. Taylor, * U.S. * (*)
Would you like more information on drafting or filing your motion?
Legal Basis for Motion to Compel: - Rule *(a) of the Massachusetts Rules of Civil Procedure allows a party to move for an order compelling disclosure or discovery if a party fails to answer an interrogatory or provide a requested document. - Rule *(b)(*) permits discovery regarding any non-privileged matter that is relevant to any party's claim or defense. - Case Law: Hickman v. Taylor, * U.S. * (*) establishes the principle that parties are entitled to broad discovery regarding any matter that is not privileged and relevant to the subject matter involved in the pending action.
Your citations are appropriate for your motion to compel.
- Rule *(a) of the Massachusetts Rules of Civil Procedure
- Rule *(b)(*) of the Massachusetts Rules of Civil Procedure
- Hickman v. Taylor, * U.S. * (*)
Would you need further assistance with drafting or filing your motion?
Yes. Im going to file these motion in housing court and then i have to update the appeals court and ask for an extension which I will need help to do. Ok?
It's great that you're proactive about filing these motions. For the extension request in the Appeals Court, you'll need to file a motion to extend the time to file your appeal. Generally, this includes:
- A clear statement of the request.
- Reasons for needing the extension.
- Any supporting documents (e.g., affidavits).
Would you like help drafting this motion?
Question: should i state for the Court to Notice that opposing counsel is filing motions without signing under pains and penalty or verfying that what they are stating is to the best of their ability?
It's generally advisable to highlight any procedural misconduct by opposing counsel. In Massachusetts, motions should be signed and verified under the pains and penalties of perjury to ensure their accuracy and good faith. You might want to point this out in your filing.
Would you like assistance in drafting the specific language for this point?
Please revise: Here follows the motion to reply to opposition:*. Clarification of Motion Filing History: - This is the first time I have filed a motion under Rule *(b)(*) for fraud upon the court. Opposing counsel's assertion that I am reiterating the same information from a previous motion is incorrect. *. Repetition of Opposing Counsel’s Argument: - Opposing counsel’s argument is not only incorrect but also repetitive. This is the second time he has used this argument to oppose my motion, despite its irrelevance to the current motion under Rule60(b)(*). *. Unanswered Pivotal Question: - Opposing counsel has continuously ignored and deflected the crucial question I raised regarding whether they had any reason to believe or suspect that the foreclosure was grounded in fraud and usury. This question is central to proving the alleged fraud and ensuring a fair adjudication of my case.
Here is the revised motion to reply to opposition:
*. Clarification of Motion Filing History:
- This is my first motion under Rule *(b)(*) for fraud upon the court. Opposing counsel's claim that I am reiterating previous information is incorrect.
*. Repetition of Opposing Counsel’s Argument:
- Opposing counsel's argument is incorrect and repetitive, being used for the second time despite its irrelevance to the current motion under Rule *(b)(*).
*. Unanswered Pivotal Question:
- Opposing counsel has ignored the crucial question of whether they had any reason to believe that the foreclosure was based on fraud and usury. This is central to proving the alleged fraud and ensuring a fair adjudication of my case.
*. Grounds for Sanctions:
- Opposing counsel's request for sanctions against me for filing a frivolous motion is unfounded. My motion is supported by evidence, including the fraudulent foreclosure deed and manipulated financial information.
*. Opposing Counsel’s Admission:
- Opposing counsel's own statements inadvertently support my motion to vacate under Rule *(b) for fraud upon the court by acknowledging the fraudulentforeclosure deed presented in *, which the court relied upon to deny my counterclaims.
Would you like assistance with any other part of your filing?
*. Grounds for Sanctions: - Opposing counsel's request for sanctions against me for filing a frivolous motion is unfounded. My motion is grounded in evidence, including the fraudulent foreclosure deed and manipulated financial information. *. Opposing Counsel’s Admission: - Ironically, opposing counsel's own statements support my motion to vacate under Rule *(b) for fraud upon the court. By admitting that my reconsideration motion is based on previous arguments, opposing counsel inadvertently acknowledges the fraudulent foreclosure deed presented in *, which the court relied upon to deny my counterclaims.
Your draft looks solid. Here's a slight revision for clarity:
---
Motion to Reply to Opposition:
*. Clarification of Motion Filing History:
- This is the first time I have filed a motion under Rule *(b)(*) for fraud upon the court. Opposing counsel's assertion that I am reiterating the same information from a previous motion is incorrect.
*. Repetition of Opposing Counsel’s Argument:
- Opposing counsel’s argument is not only incorrect but also repetitive. This is the second time he has used this argument to oppose my motion, despite its irrelevance to the current motion under Rule *(b)(*).
*. Unanswered Pivotal Question:
- Opposing counsel has continuously ignored and deflected the crucial question I raised regarding whether they had any reason to believe or suspect that the foreclosure was grounded in fraud and usury. This question is central to proving the alleged fraud and ensuring a fair adjudication of my case.
*. Grounds for Sanctions:
- Opposing counsel’s request for sanctions against me for filing a frivolous motion is unfounded. My motion is grounded in evidence, including the fraudulent foreclosure deed and manipulated financialinformation.
*. Opposing Counsel’s Admission:
- Ironically, opposing counsel's own statements support my motion to vacate under Rule *(b) for fraud upon the court. By admitting that my reconsideration motion is based on previous arguments, opposing counsel inadvertently acknowledges the fraudulent foreclosure deed presented in *, which the court relied upon to deny my counterclaims.
---
Would you like any further adjustments or assistance with another part of your filing?
*. Relevance of Other Motions: - Opposing counsel references two other motions I submitted to the housing court, namely a status update and a request for access to my own records. These motions were relevant and addressed my pending appeal in this matter. Opposing counsel's claim that I do not have a good faith basis is incorrect; it is he who has tainted these court proceedings and continues to do so. In light of these points, I respectfully request the court to compel opposing counsel to answer the pivotal question regarding the foreclosure’s basis in fraud and usury, and to grant my motion for reconsideration under Rule *(b). *. Alternative Request: In the event that the court denies this motion, I seek relief under Rule * of the Massachusetts Rules of Civil Procedure, requesting that the court make specific findings of fact and conclusions of law.
Your revisions look solid. Here’s the final draft:
*. Clarification of Motion Filing History:
- This is my first motion under Rule *(b)(*) for fraud upon the court. Opposing counsel's claim that I am reiterating previous information is incorrect.
*. Repetition of Opposing Counsel’s Argument:
- Opposing counsel's argument is incorrect and repetitive, being used for the second time despite its irrelevance to the current motion under Rule *(b)(*).
*. Unanswered Pivotal Question:
- Opposing counsel has ignored the crucial question of whether they had any reason to believe that the foreclosure was based on fraud and usury. This is central to proving the alleged fraud and ensuring a fair adjudication of my case.
*. Grounds for Sanctions:
- Opposing counsel's request for sanctions against me for filing a frivolous motion is unfounded. My motion is supported by evidence, including the fraudulent foreclosure deed and manipulated financial information.
*. Opposing Counsel’s Admission:
- Opposing counsel's own statements inadvertently support my motion to vacate under Rule *(b) for fraud upon the court by acknowledging thefraudulent foreclosure deed presented in *, which the court relied upon to deny my counterclaims.
*. Relevance of Other Motions:
- Opposing counsel references two other motions I submitted to the housing court, namely a status update and a request for access to my own records. These motions were relevant and addressed my pending appeal in this matter. Opposing counsel's claim that I do not have a good faith basis is incorrect; it is he who has tainted these court proceedings and continues to do so.
*. Alternative Request:
- In the event that the court denies this motion, I seek relief under Rule * of the Massachusetts Rules of Civil Procedure, requesting that the court make specific findings of fact and conclusions of law.
Would you like assistance with anything else?
Please correct and update that they are not follwoing procedures by not verfying their motion.
Here is the revised motion with the added point about verification:
---
Motion to Reply to Opposition:
*. Clarification of Motion Filing History:
- This is my first motion under Rule *(b)(*) for fraud upon the court. Opposing counsel's claim that I am reiterating previous information is incorrect.
*. Repetition of Opposing Counsel’s Argument:
- Opposing counsel's argument is incorrect and repetitive, being used for the second time despite its irrelevance to the current motion under Rule *(b)(*).
*. Unanswered Pivotal Question:
- Opposing counsel has ignored the crucial question of whether they had any reason to believe that the foreclosure was based on fraud and usury. This is central to proving the alleged fraud and ensuring a fair adjudication of my case.
*. Grounds for Sanctions:
- Opposing counsel's request for sanctions against me for filing a frivolous motion is unfounded. My motion is supported by evidence, including the fraudulent foreclosure deed and manipulated financial information.
*. Opposing Counsel’s Admission:
- Opposing counsel's own statements inadvertently support my motion to vacate under Rule *(b) for fraud upon the court by acknowledging the fraudulent foreclosure deed presented in *, which the court relied upon to deny my counterclaims.
*. Relevance of Other Motions:
- Opposing counsel references two other motions I submitted to the housing court, namely a status update and a request for access to my own records. These motions were relevant and addressed my pending appeal in this matter. Opposing counsel's claim that I do not have a good faith basis is incorrect; it is he who has tainted these court proceedings and continues to do so.
*. Failure to Follow Procedures:
- Opposing counsel has not followed proper procedures by failing to verify their motions under the pains and penalties of perjury, as required. This lack of verification questions the integrity and good faith of their statements.
*. Alternative Request:
- In the event that the court denies this motion, I seek relief under Rule * of the Massachusetts Rules of Civil Procedure, requesting that the court make specific findings of fact and conclusions of law.
In light of these points, I respectfully request the court to compel opposing counsel to answer the pivotal question regarding the foreclosure’s basis in fraud and usury, and to grant my motion for reconsideration under
see above
Your draft looks solid overall. Here’s the updated section to highlight procedural misconduct:
---
Motion to Reply to Opposition:
*. Clarification of Motion Filing History:
- This is my first motion under Rule *(b)(*) for fraud upon the court. Opposing counsel's claim that I am reiterating previous information is incorrect.
*. Repetition of Opposing Counsel’s Argument:
- Opposing counsel's argument is incorrect and repetitive, being used for the second time despite its irrelevance to the current motion under Rule *(b)(*).
*. Unanswered Pivotal Question:
- Opposing counsel has ignored the crucial question of whether they had any reason to believe that the foreclosure was based on fraud and usury. This is central to proving the alleged fraud and ensuring a fair adjudication of my case.
*. Grounds for Sanctions:
- Opposing counsel's request for sanctions against me for filing a frivolous motion is unfounded. My motion is supported by evidence, including the fraudulent foreclosure deed and manipulated financial information.
*. Opposing Counsel’s Admission:
- Opposing counsel's own statements inadvertently support my motion to vacateunder Rule *(b) for fraud upon the court by acknowledging the fraudulent foreclosure deed presented in *, which the court relied upon to deny my counterclaims.
*. Relevance of Other Motions:
- Opposing counsel references two other motions I submitted to the housing court, namely a status update and a request for access to my own records. These motions were relevant and addressed my pending appeal in this matter. Opposing counsel's claim that I do not have a good faith basis is incorrect; it is he who has tainted these court proceedings and continues to do so.
*. Procedural Misconduct:
- Opposing counsel has not verified their motions under the pains and penalties of perjury, as required, thereby failing to ensure their accuracy and good faith.
*. Alternative Request:
- In the event that the court denies this motion, I seek relief under Rule * of the Massachusetts Rules of Civil Procedure, requesting that the court make specific findings of fact and conclusions of law.
---
Would you like any further adjustments or assistance with another part of your filing?
I am concerned about a pending appeal can I ask you critical question?
Sure, you can ask me a critical question about your pending appeal. What specific concern do you have regarding your appeal?
Ok. Last moth I filed emerncy motions to the Single Justice seeking a stay of the execution of my eviction (based on fraud on the court) she denied it. I appealed that single juctice motion believing that i would be able to cite my substantive claims on fraud. so I sought a reguest to supplement the record in giusing court. She denied it c;arifying that my appeal was narrow and only on the single justoce's deniel. I replied stating that I seek to appeal the housing court's judgment and currently i am filing a motion for reconsideration in Housing Cort for my motion under Rule * fraud upon the court which i am filing on xxx date. then i filed a stautus update staing that i needed additional time to file my motion for reconsoderation. So now I still do not have the denial of that motion but i am supposed tp have my informal brief filed by november *, *. Although i do no seek that appeal I need it as a place holder or do I? Im confused as to the next step i need to take.
To clarify your appeal process and next steps:
*. Narrow Appeal Focus: Your current appeal is limited to the Single Justice's denial.
*. Reconsideration Motion: Continue pursuing the reconsideration in Housing Court under Rule *(b) for fraud.
*. Informal Brief: File your informal brief by November *, *, to maintain your placeholder while awaiting the reconsideration decision.
Would you like assistance drafting your informal brief?
see above
It sounds like you have a complex situation. Here's some guidance:
- For your pending appeal, it's crucial to understand that the appeal should focus on the specific issue the Single Justice ruled on.
- To keep your appeal active as a placeholder, you can request an extension of time to file your informal brief, explaining the need for more time due to your ongoing motion for reconsideration in Housing Court.
- Ensure you follow up on the status of your reconsideration motion in Housing Court.
Would you like help drafting the extension request for the Appeals Court?
Question can i seek a placeholder than change it to the substantive claim in housing court? Or will appeal court deny that reguest ?
In general, the Appeals Court will focus on the specific issues raised in the initial appeal. Switching from a placeholder to a substantive claim might be challenging without proper procedural steps.
- You may need to file a separate motion or request permission to amend your appeal to include substantive claims.
- It's advisable to consult with a legal expert for detailed guidance.
Would you like more information on how to request amending your appeal?
So would it be advisable to file two motions one for an extension the Novemebr 27th Inforaml Appeal by the Single Justice and the other to amend my appeal? Could I do this in one appeal? In addition is the reason for my regest for an extension reasonable as i have been working diligently as a pro se litigant collect clear and convincing evidence top file a motion under Rue *(B) * fraud on the court that is a very serious claim deserving of my upomost concentration as well as the attention to detail to file my first Informal Brief to Appeals Court.?
Filing two motions (one for an extension and one to amend your appeal) is a reasonable approach. You can include both requests in one filing if the court permits. Your reason for requesting an extension is valid, given your diligent work as a pro se litigant.
Consider the following points in your motion:
- Clearly state the need for an extension.
- Explain the complexity and seriousness of the Rule *(b)(*) motion.
- Request permission to amend your appeal to include substantive claims.
Would you like assistance drafting these motions?
So would it be advisable to file two motions one for an extension the Novemebr 27th Inforaml Appeal by the Single Justice and the other to amend my appeal? Could I do this in one motion?
Yes, you can file both motions, but it's generally more effective to file them separately to ensure clarity and proper consideration by the court.
- File a motion for an extension of time to file your informal appeal brief, stating your reasons.
- File a separate motion to amend your appeal to include substantive claims.
Would you like help drafting these motions?
yes. i would like help drafting these motions. Please!
Sure, let's start with the motion for an extension of time to file your informal appeal brief.
~Motion for Extension of Time to File Informal Appeal Brief
Plaintiff: [Your Name]
Defendant: [Opposing Party's Name]
Motion for Extension of Time to File Informal Appeal Brief
*. Request for Extension:
- I respectfully request an extension of time to file my informal appeal brief, currently due on November *, *.
*. Reason for Extension:
- I am diligently working as a pro se litigant to collect clear and convincing evidence for a motion under Rule *(b)(*) for fraud upon the court, a serious claim requiring my utmost attention.
- The complexity of this claim and my need to prepare a thorough and detailed motion has necessitated additional time.
*. Supporting Documents:
- Attached is my status update to the Housing Court, demonstrating my ongoing efforts to prepare the motion for reconsideration.
*. Proposed New Deadline:
- I request that the deadline for filing my informal appeal brief be extended to [proposed new deadline].
*. Conclusion:
- For the reasons stated above, Irespectfully request that this honorable court grant my motion for an extension of time to file my informal appeal brief.
Date: [Your Date]
Signature: [Your Signature]
Name: [Your Name]
~Motion to Amend Appeal to Include Substantive Claims
Plaintiff: [Your Name]
Defendant: [Opposing Party's Name]
Motion to Amend Appeal to Include Substantive Claims
*. Request to Amend Appeal:
- I respectfully request permission to amend my appeal to include substantive claims regarding the Housing Court's judgment and the underlying issues of fraud upon the court.
*. Basis for Amendment:
- The current appeal narrowly addresses the Single Justice's denial of my emergency motion for a stay of eviction.
- New evidence and detailed analysis of the fraud upon the court claim have emerged, warranting a comprehensive review by the Appeals Court.
*. Reason for Amendment:
- To ensure a fair and just adjudication of my case, it is essential that the Appeals Court considers the substantive claims related to the alleged fraud and the impact on the Housing Court's judgment.
*. Supporting Documents:
- Attached are the relevant documents and evidence supporting the fraud upon the court claim and the necessity for an
what is a resonable proposed new deadline?
A reasonable proposed new deadline for filing your informal appeal brief would typically be *-60 days from the original deadline, depending on the complexity of your case and the court's schedule. Given your situation, a *-day extension might be more appropriate.
Would you like help finalizing the proposed new deadline in your motion?
Can you send me from *. Supporting Documents onward wthout the outline?
Sure, here is the content from "*. Supporting Documents" onward without the outline:
---
*. Supporting Documents:
- Attached is my status update to the Housing Court, demonstrating my ongoing efforts to prepare the motion for reconsideration.
*. Proposed New Deadline:
- I request that the deadline for filing my informal appeal brief be extended to [proposed new deadline].
*. Conclusion:
- For the reasons stated above, I respectfully request that this honorable court grant my motion for an extension of time to file my informal appeal brief.
Date: [Your Date]
Signature: [Your Signature]
Name: [Your Name]
---
Would you like assistance with anything else?
To clarify On Novemeber *, * I filed a Verfied Emergency Motion for status Update to both the Appeals court and the Housing Court. *. Supporting Documents: - Attached is my status update to the Housing Court, demonstrating my ongoing efforts to prepare the motion for reconsideration...(so the appeals court has this motion).
Sure, let's draft the revised motion with the supporting documents section included:
---
Motion for Extension of Time to File Informal Appeal Brief
Plaintiff: [Your Name]
Defendant: [Opposing Party's Name]
*. Request for Extension:
- I respectfully request an extension of time to file my informal appeal brief, currently due on November *, *.
*. Reason for Extension:
- I am diligently working as a pro se litigant to collect clear and convincing evidence for a motion under Rule *(b)(*) for fraud upon the court, a serious claim requiring my utmost attention.
- The complexity of this claim and my need to prepare a thorough and detailed motion has necessitated additional time.
*. Supporting Documents:
- Attached is my status update to the Housing Court, demonstrating my ongoing efforts to prepare the motion for reconsideration.
*. Proposed New Deadline:
- I request that the deadline for filing my informal appeal brief be extended to [proposed new deadline].
*. Conclusion:
- For the reasons stated above, I respectfully request that this honorable court grant my motion for an extension of timeto file my informal appeal brief.
Date: [Your Date]
Signature: [Your Signature]
Name: [Your Name]
---
Would you like a similar draft for the motion to amend your appeal?
Im confused because i do not see the update here: *. Supporting Documents: - Attached is my status update to the Housing Court, demonstrating my ongoing efforts to prepare the motion for reconsideration.
It seems there might have been some confusion. Here is the revised motion with the correct "Supporting Documents" section:
---
Motion for Extension of Time to File Informal Appeal Brief
Plaintiff: [Your Name]
Defendant: [Opposing Party's Name]
*. Request for Extension:
- I respectfully request an extension of time to file my informal appeal brief, currently due on November *, *.
*. Reason for Extension:
- I am diligently working as a pro se litigant to collect clear and convincing evidence for a motion under Rule *(b)(*) for fraud upon the court, a serious claim requiring my utmost attention.
- The complexity of this claim and my need to prepare a thorough and detailed motion has necessitated additional time.
*. Supporting Documents:
- Attached is my status update to the Housing Court, demonstrating my ongoing efforts to prepare the motion for reconsideration. This status update was filed on November *, *, to both the Appeals Court and the Housing Court.
*. Proposed New Deadline:
- I request that the deadline for filing my informal appeal brief be extended to [(proposed new deadline)].
*. Conclusion:
- For the reasons stated above, I respectfully request that this honorable court grant my motion for an extension of time to file my informal appeal brief.
Date: [Your Date]
Signature: [Your Signature]
Name: [Your Name]
---
Would you like assistance with the motion to amend your appeal as well?
My status update was to the Appeals court and the Housing court.
Here's the revised motion for extension with the correct supporting documents reference:
---
Motion for Extension of Time to File Informal Appeal Brief
Plaintiff: [Your Name]
Defendant: [Opposing Party's Name]
*. Request for Extension:
- I respectfully request an extension of time to file my informal appeal brief, currently due on November *, *.
*. Reason for Extension:
- I am diligently working as a pro se litigant to collect clear and convincing evidence for a motion under Rule *(b)(*) for fraud upon the court, a serious claim requiring my utmost attention.
- The complexity of this claim and my need to prepare a thorough and detailed motion has necessitated additional time.
*. Supporting Documents:
- Attached is my status update to both the Housing Court and the Appeals Court, demonstrating my ongoing efforts to prepare the motion for reconsideration.
*. Proposed New Deadline:
- I request that the deadline for filing my informal appeal brief be extended to [proposed new deadline].
*. Conclusion:
- For the reasons stated above, I respectfully request that this honorable court grant my motion foran extension of time to file my informal appeal brief.
Date: [Your Date]
Signature: [Your Signature]
Name: [Your Name]
---
Would you like a similar draft for the motion to amend your appeal?
is a moth too long for an extension?
A month is generally considered a reasonable extension period, especially if you can demonstrate good cause, like working diligently on a complex legal matter.
Would you like to proceed with drafting the motion to amend your appeal?
could you state that i need additional time given the complexity and anticiapting the holidays January *, *. Can you please revise and uopdate both motions without the outline
Sure, here's the revised content for both motions:
---
Motion for Extension of Time to File Informal Appeal Brief
*. Request for Extension:
- I respectfully request an extension of time to file my informal appeal brief, currently due on November *, *.
*. Reason for Extension:
- I am diligently working as a pro se litigant to collect clear and convincing evidence for a motion under Rule *(b)(*) for fraud upon the court, a serious claim requiring my utmost attention.
- The complexity of this claim and the upcoming holiday season necessitate additional time for thorough preparation.
*. Supporting Documents:
- Attached is my status update to both the Housing Court and the Appeals Court, demonstrating my ongoing efforts to prepare the motion for reconsideration.
*. Proposed New Deadline:
- I request that the deadline for filing my informal appeal brief be extended to January *, *.
*. Conclusion:
- For the reasons stated above, I respectfully request that this honorable court grant my motion for an extension of time to file my informal appeal brief.
Date: [Your Date]
Signature: [Your Signature]
Name: [Your Name]
---
Motion to Amend Appeal to IncludeSubstantive Claims
*. Request to Amend Appeal:
- I respectfully request permission to amend my appeal to include substantive claims regarding the Housing Court's judgment and the underlying issues of fraud upon the court.
*. Basis for Amendment:
- The current appeal narrowly addresses the Single Justice's denial of my emergency motion for a stay of eviction.
- New evidence and detailed analysis of the fraud upon the court claim have emerged, warranting a comprehensive review by the Appeals Court.
*. Reason for Amendment:
- To ensure a fair and just adjudication of my case, it is essential that the Appeals Court considers the substantive claims related to the alleged fraud and the impact on the Housing Court's judgment.
*. Supporting Documents:
- Attached are the relevant documents and evidence supporting the fraud upon the court claim and the necessity for an amended appeal.
*. Conclusion:
- For the reasons stated above, I respectfully request that this honorable court grant my motion to amend my appeal to include substantive claims.
Date: [Your Date]
Signature: [Your Signature]
Name: [Your Name]
---
Would you like any further adjustments or assistance with another part of your filing?
Could you revise with the date including the complexity and the holiday reason if thats ok?
Sure, let's revise the motion for extension with the requested updates:
---
Motion for Extension of Time to File Informal Appeal Brief
Plaintiff: [Your Name]
Defendant: [Opposing Party's Name]
*. Request for Extension:
- I respectfully request an extension of time to file my informal appeal brief, currently due on November *, *.
*. Reason for Extension:
- I am diligently working as a pro se litigant to collect clear and convincing evidence for a motion under Rule *(b)(*) for fraud upon the court, a serious claim requiring my utmost attention.
- The complexity of this claim and my need to prepare a thorough and detailed motion has necessitated additional time.
- Additional time is needed due to the upcoming holiday season, which affects the availability of resources and time for preparation.
*. Supporting Documents:
- Attached is my status update to both the Housing Court and the Appeals Court, demonstrating my ongoing efforts to prepare the motion for reconsideration.
*. Proposed New Deadline:
- I request that the deadline for filing my informal appeal brief be extended to January *, *.
*. Conclusion:
- Forthe reasons stated above, I respectfully request that this honorable court grant my motion for an extension of time to file my informal appeal brief.
Date: [Your Date]
Signature: [Your Signature]
Name: [Your Name]
---
Would you like the motion to amend your appeal drafted similarly?
Could you send me ~Motion to Amend Appeal to Include Substantive Claims without the outline?
Sure, here's the content for the Motion to Amend Appeal to Include Substantive Claims without the outline:
---
Motion to Amend Appeal to Include Substantive Claims
*. Request to Amend Appeal:
- I respectfully request permission to amend my appeal to include substantive claims regarding the Housing Court's judgment and the underlying issues of fraud upon the court.
*. Basis for Amendment:
- The current appeal narrowly addresses the Single Justice's denial of my emergency motion for a stay of eviction.
- New evidence and detailed analysis of the fraud upon the court claim have emerged, warranting a comprehensive review by the Appeals Court.
*. Reason for Amendment:
- To ensure a fair and just adjudication of my case, it is essential that the Appeals Court considers the substantive claims related to the alleged fraud and the impact on the Housing Court's judgment.
*. Supporting Documents:
- Attached are the relevant documents and evidence supporting the fraud upon the court claim and the necessity for an amendment to include these substantive claims.
*. Conclusion:
- For the reasons stated above, I respectfully request that this honorable court grant my motion to amend my appeal to include substantive claims regarding the Housing Court's judgment and the underlying issues of fraud upon the court.
Date: [Your Date]
Signature: [Your Signature]
Name: [Your Name]
---
Would you like any further adjustments or assistance with another part of your filing?
will the Appeals court take my fraud upon the court motion to housing court seriously or should i emphasized more a violation of my constutuional rights?
Both approaches have their merits, but courts typically take allegations of fraud upon the court very seriously. Here are some key points to consider:
- Fraud upon the court:
- If you have clear evidence of fraud, it's a strong basis for your motion.
- Courts have a duty to address and correct fraud to uphold the integrity of the judicial process.
- Violation of constitutional rights:
- Emphasizing constitutional rights can also be powerful, especially if your rights to due process or fair treatment have been violated.
- It can add weight to your argument, highlighting the seriousness of the issues at hand.
Would you like help incorporating both aspects into your motion?
I some times think being a pro se litigant not matter what your motion opposing counsel has the advantage because he is an attoreny or will frad be taken seriously regardless of what party staes it?
Fraud upon the court is a serious claim and can be taken seriously by the Appeals Court, regardless of whether you are a pro se litigant. Here are a few points to consider:
- Ensure your motion is well-documented with clear evidence.
- Emphasize the seriousness of the alleged fraud and its impact on your case.
- Highlight any procedural misconduct by opposing counsel.
Would you like more information on how to emphasize these points effectively in your filings?
Its filed. The supporting evidence has been sent and its well documented and concise and professional. Im very proud of my work . Thank you!
That's great to hear! Your hard work and diligence will surely make a strong impression. If you need further assistance or have any more questions as your case progresses, feel free to reach out. Good luck with your filings!
opposing counsel is on efile do I still have to email him the motions that i just filed on efile?
In Massachusetts, if you have e-filed your motions, you generally do not need to email them separately to opposing counsel. E-filing systems typically provide notifications to all parties involved. However, it's always a good practice to check your local court rules or any specific instructions provided by the court to ensure compliance.
Would you like more information on any related court procedures?
see above
That's great that you've filed and feel confident about your work! To answer your question regarding e-filing and serving opposing counsel:
In Massachusetts, e-filing typically serves the documents to all parties who have agreed to e-service. However, it’s always a good idea to verify the specific rules of the court you are dealing with.
Would you like help with anything else related to your case?
EMERGENCY VERIFIED SUPPLEMENTAL MOTION TO PLAINTIFF’S SUPPLEMENTAL MOTION TO VACATE DISMISSAL AND STRIKE DEFENDANT’S EXHIBITS NEW EVIDENCE: Respectfully, The court cannot dismiss this case as it would be akin to dismissing a divorce proceeding by one party. In Rhode Island, the dissolution of a partnership must be legally recognized and officially dissolved by the court. The court cannot simply leave a partnership unresolved. This legal requirement is supported by Rhode Island Partnership Law, specifically under the Uniform Partnership Act (R.I. Gen. Laws § *-*-* et seq.). Additionally, there must be an accounting to do so.
Your emphasis on Rhode Island law and the necessity for a legal dissolution of the partnership is well-founded. Here are some concise points to include in your motion:
- Legal Requirement: Under the Uniform Partnership Act (R.I. Gen. Laws § *-*-* et seq.), a partnership must be legally dissolved by the court.
- Court's Error: Dismissing the case leaves the partnership unresolved, contrary to legal requirements.
- Accounting Necessity: An accounting must be conducted to address all financial matters before dissolution.
Would you like help refining any specific parts of your motion?
Court's Error in Dismissing the Case: The court erred in dismissing my case as it effectively leaves the partnership legally unresolved. Under Rhode Island law, a partnership cannot be dissolved without a legal and official court order. The dismissal of this case without such an order is against the legal requirement for partnership dissolution. To dissolve the partnership legally and officially, an accounting must be conducted to ensure that all financial matters are properly addressed. Stock Power Document Proves Partnership Existed:
It sounds like you have a strong case, especially with well-documented evidence and a clear legal basis. Here's a brief revision for clarity and conciseness:
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EMERGENCY VERIFIED SUPPLEMENTAL MOTION TO PLAINTIFF’S SUPPLEMENTAL MOTION TO VACATE DISMISSAL AND STRIKE DEFENDANT’S EXHIBITS
NEW EVIDENCE:
Respectfully, the court cannot dismiss this case as it would be akin to dismissing a divorce proceeding by one party. In Rhode Island, the dissolution of a partnership must be legally recognized and officially dissolved by the court. The court cannot simply leave a partnership unresolved. This legal requirement is supported by Rhode Island Partnership Law, specifically under the Uniform Partnership Act (R.I. Gen. Laws § *-*-* et seq.). Additionally, there must be an accounting to do so.
Court's Error in Dismissing the Case:
The court erred in dismissing my case as it effectively leaves the partnership legally unresolved. Under Rhode Island law, a partnership cannot be dissolved without a legal and official court order. To dissolve the partnership legally and officially, an accounting must be conducted to ensure that all financial matters are properly addressed.
Stock Power DocumentStock Power Document Proves Partnership Existed:**
The stock power document transferring my shares of Classic Display Inc. to James Tiernan (Exhibit A) provides concrete evidence of our partnership in that company. This established fiduciary relationship existed before the creation of the second company and confirms the partnership in the second company. The latter was formed as a direct result of the already established partnership, which was breached when they transferred my building to themselves, omitted me, and left me destitute.
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Would you like assistance with any other part of your filing?
The stock power document transferring my shares of Classic Display Inc., requested by Mr. Grieco, to James Tiernan (Exhibit A) provides concrete evidence of our partnership in that company. This established fiduciary relationship existed before the creation of the second company and, therefore, confirms the partnership in the second company. The latter was formed as a direct result of the already established partnership because they owed me a duty of care, which was breached when they transferred my building to themselves, omitted me from it, and threw me out of the building, leaving me destitute.
Your motion appears well-prepared and addresses significant legal issues. Here’s the revised content:
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EMERGENCY VERIFIED SUPPLEMENTAL MOTION TO PLAINTIFF’S SUPPLEMENTAL MOTION TO VACATE DISMISSAL AND STRIKE DEFENDANT’S EXHIBITS
NEW EVIDENCE:
Respectfully, the court cannot dismiss this case as it would be akin to dismissing a divorce proceeding by one party. In Rhode Island, the dissolution of a partnership must be legally recognized and officially dissolved by the court. The court cannot simply leave a partnership unresolved. This legal requirement is supported by Rhode Island Partnership Law, specifically under the Uniform Partnership Act (R.I. Gen. Laws § *-*-* et seq.). Additionally, there must be an accounting to do so.
Court's Error in Dismissing the Case:
The court erred in dismissing my case as it effectively leaves the partnership legally unresolved. Under Rhode Island law, a partnership cannot be dissolved without a legal and official court order. The dismissal of this case without such an order is against the legal requirement for partnership dissolution. To dissolve the partnership legally and officially, an accounting must be conducted to ensure that all financial matters are properly addressed.
Stock Power Document Proves Partnership Existed:
The stock power document transferring my shares of Classic Display Inc., requested by Mr. Grieco, to James Tiernan (Exhibit A) provides concrete evidence of our partnership in that company. This established fiduciary relationship existed before the creation of the second company and, therefore, confirms the partnership in the second company. The latter was formed as a direct result of the already established partnership because they owed me a duty of care, which was breached when they transferred my building to themselves, omitted me from it, and threw me out of the building, leaving me destitute.
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Would you like assistance with any other part of your filing or additional legal information?