This form is an official form used in Indiana, and it complies with all applicable state and Federal codes and statutes. It is a Motion to Dismiss Case Pursuant to T.R . 41e. USLF updates all state and Federal forms as is required by state and Federal statutes and law.
41e Dismissal Indiana Divorce With Minor Child
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Indiana
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IN-GEN-41
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How to fill out Indiana Motion To Dismiss Case Pursuant To T.R . 41e?
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FAQ
After the plaintiff or party with the burden of proof upon an issue, in an action tried by the court without a jury, has completed the presentation of his evidence thereon, the opposing party, without waiving his right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that ...
(d) The motion to dismiss shall be granted if the court finds that the person filing the motion has proven, by a preponderance of the evidence, that the act upon which the claim is based is a lawful act in furtherance of the person's right of petition or free speech under the Constitution of the United States or the ...
(E) Failure to prosecute civil actions or comply with rules. Whenever there has been a failure to comply with these rules or when no action has been take in a civil case for a period of sixty (60) days, the court, on motion of a party or its own motion shall order a hearing for the purpose of dismissing such case.
Filing requirements Motion must be signed by the filing party. Motion must clearly state which party is being dismissed. The Motion must contain a Certificate of Service. It is not necessary to upload a proposed order - the court will prepare one.
If you don't show up and don't ask for a continuance, the judge will dismiss your case. If the person you are suing does not show up after being notified of the suit, then you can ask the judge to enter judgment in your favor, by default.