Motion To Dismiss Civil Case Sample With Replacement

State:
Multi-State
Control #:
US-02698BG
Format:
Word; 
Rich Text
Instant download

Description

The Motion to Dismiss Civil Case Sample with Replacement is designed for defendants seeking to have a case dismissed on the grounds of the plaintiff's failure to prosecute. This form allows the defendant, through their attorney, to formally request the court to dismiss the action with prejudice, meaning the plaintiff cannot refile the case. Key features include spaces for the names of the parties involved, the cause number, and specific details regarding the plaintiff's lack of diligence in prosecuting the case. Users must complete sections detailing the dates and facts supporting the motion. This form is essential for attorneys, partners, owners, associates, paralegals, and legal assistants who aim to streamline the dismissal process efficiently. Clear instructions on filing and serving the motion are included, making it accessible even to individuals with minimal legal training. Additionally, the form includes a Certificate of Service to ensure proper notification of the motion to the opposing party, which is critical in legal proceedings. Overall, this form simplifies the procedural steps required for a dismissal motion and helps legal professionals manage their cases effectively.
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  • Preview Motion by Defendant to Dismiss with Prejudice for Failure to Prosecute
  • Preview Motion by Defendant to Dismiss with Prejudice for Failure to Prosecute

How to fill out Motion By Defendant To Dismiss With Prejudice For Failure To Prosecute?

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FAQ

A motion for reconsideration shall point out specifically the findings or conclusions of the judgment or final order which are not supported by the evidence or which are contrary to law, making express reference to the testimonial or documentary evidence or to provisions of law alleged to be contrary to such findings ...

Motions for Reconsideration are done in writing. Motions for Reconsideration must be filed and served on the other party within 10 calendar days of the Commissioner's decision. The parties do not appear before the Commissioner for oral argument unless the Commissioner requests it.

If the legal separation has already been approved by the court, and both spouses wish to reconcile and revive the marriage without having to formally remarry, then a Motion to Vacate Decree of Legal Separation can be filled. Once the court approves same, it is as if the legal separation never occurred.

A Motion for Reconsideration in Washington is governed under Civil Rule 59(a), the grounds* for which you can file the motion are: (1) Irregularity in the proceedings of the court, jury or adverse party, or any order of the court, or abuse of discretion, by which such party was prevented from having a fair trial.

Many Washington State courts have a public access terminal in the courthouse where you can view JIS public record case information such as an index of filed cases and a list of documents filed in each case. Contact your local court to see if they have a public access terminal.

A Petition, Declaration, and Order for Return of Property may be filed by any person whose property has been seized as a result of a search warrant or an arrest. The owner of the property may petition the court for return of their property whether or not a case has been filed with the court.

Use this form if you believe the court's decision was legally incorrect or you have newly discovered evidence, and you want the same judge or commissioner to reconsider their decision. If you want a judge to review a commissioner's decision, use the Motion for Revision (form PO 110).

A party may file a motion for reconsideration only of a decision by the judges (1) terminating review, or (2) granting or denying a personal restraint petition on the merits. The motion should be in the form and be served and filed as provided in he rules 17.3 (a), 17.4 (a) & (g), and 18.5.

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Motion To Dismiss Civil Case Sample With Replacement