Dismissal Motion Dismiss For Failure To Prosecute

State:
Arizona
Control #:
AZ-CV-6-AI
Format:
Word; 
Rich Text
Instant download

Description

Motion for Dismissal: This is a motion which asks the court to dismiss a particular cause of action. The document must include the reasoning behind wanting the dismissal, as well be signed in front of a Notary Public. Also included, is a sample Order Granting Dismissal. This would be signed by the Judge and filed with the clerk's office. This form is available in both Word and Rich Text formats.

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FAQ

The only remedy for failure to prosecute (Code Civ. Proc., § 581(b)(4)) and failure to appear at trial (Code Civ. Proc., § 581(b)(5)) is dismissal "without prejudice." Until such a dismissal is signed, the plaintiff may simply refile the action. That is why a dismissal without prejudice is not appealable.

A case dismissed with prejudice is considered a final ruling on the merits of that case. A case dismissed without prejudice is not considered a ruling on the merits and the plaintiff is free to file a new lawsuit on the same grounds if they wish to do so.

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".

An order dismissing a complaint without prejudice is an appealable final order when no amendment could save the plaintiff's action. Always, always ask for leave to amend after a dismissal without prejudice.

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".

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Dismissal Motion Dismiss For Failure To Prosecute