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IN THE CIRCUIT COURT OF (Name) COUNTY (Name) COUNTY, (Name of State) (Name of State)V. (Name of Defendant) CAUSE NO. DEFENDANTMOTION TO DISMISS Comes now (Name of Defendant), Defendant in the abovecaptioned.

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Follow the steps to successfully complete the Failure Prosecute form online.

  1. Click ‘Get Form’ button to obtain the document and open it in your online editor.
  2. In the first section, enter the name of the county and state in which you are filing. This identifies the relevant jurisdiction for your case.
  3. In the next area, state your name as the defendant. Ensure that your name is filled in completely and accurately.
  4. Indicate the cause number in the designated space. This number is typically assigned by the court.
  5. Provide the name of the prosecutor in the specified section to ensure they are acknowledged in the motion.
  6. Fill in the date when you were accused, as well as the date of your arrest, in the corresponding fields.
  7. Detail the allegations against you in the area provided. Include the nature of the alleged crime.
  8. State your readiness for trial and any requests you have made for the proceedings to commence, emphasizing your willingness to proceed.
  9. Describe the prosecutor's failure to bring you to trial in the relevant section.
  10. Conclude your motion by asserting your request for dismissal with prejudice in the final part of the document.
  11. Date your motion and add your signature to authenticate it.
  12. Complete the certificate of service by indicating that you have sent a copy of the motion to the prosecutor. Include their details and your signature.
  13. Lastly, provide the notice of motion to dismiss, filling in the date, time, and courtroom details for the hearing.

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FAILURE TO PROSECUTE AND DISMISSAL BY THE COURT PROTOCOL 8-1. If the plaintiff does not appear for the scheduled final hearing, the court should determine that appropriate notice was given to the plaintiff; and upon satisfying itself of this requirement, the case shall be dismissed for lack of prosecution.

If the judge does not believe there was strong enough evidence, he could dismiss the case. Lost evidence. If key evidence is lost that is necessary to prove you committed the crime, the charges against you could be dismissed by the judge or voluntarily by the prosecutor.

Lack of prosecution means that a person who started a legal case did not continue with it. This can lead to the case being dismissed or thrown out. It is also called "want of prosecution" or "no progress".

If you are the defendant in a criminal case, however, a dismissal for want of prosecution can be a good thing. It means that the court has decided that the prosecution has taken too long to bring the case to trial and that you should not have to wait any longer for your day in court.

A plaintiff's failure to prosecute diligently can result in dismissal if the plaintiff in response to an order to show cause fails to demonstrate due diligence and just cause for delay.

What does “dismissed for want of prosecution” or DWOP mean? “Dismissed for want of prosecution” or DWOP means your case is dismissed by the judge because nothing has happened in your case for a while or you missed a hearing or trial (of which you had notice).

“The plaintiff in a civil action has an affirmative duty to prosecute his case. Failure to prosecute is grounds for dismissal. Implicit in the duty to prosecute is a duty to keep the court apprised of one's mailing address.

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© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232
Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
Privacy Notice
Legal Hub
Content Takedown Policy
Bug Bounty Program
About Us
Blog
Affiliates
Contact Us
Delete My Account
Site Map
Industries
Forms in Spanish
Localized Forms
State-specific Forms
Forms Kit
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate WorkFlow
DocHub
Instapage
Social Media
Call us now toll free:
+1 833 426 79 33
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232