Alabama Motion by Defendant to Dismiss with Prejudice for Failure to Prosecute

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Multi-State
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US-02698BG
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Description

Rule 41(b) of the FRCP states:


If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it. Unless the dismissal order states otherwise, a dismissal under this subdivision (b) and any dismissal not under this rule - except one for lack of jurisdiction, improper venue, or failure to join a party under Rule 19 - operates as an adjudication on the merits.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. For example, the Pennsylvania Rules of Civil Procedure state:


Rule 1901. Prompt disposition of matters; termination of inactive cases.


(a) General policy.-It is the policy of the unified judicial system to bring each pending matter to a final conclusion as promptly as possible consistently with the character of the matter and the resources of the system. Where a matter has been inactive for an unreasonable period of time, the tribunal, on its own motion, shall enter an appropriate order terminating the matter.

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FAQ

For example, the Alabama statute of limitations is six years for oral and written contract cases, two years for personal injury matters, and six years for property damage cases. Other limitations periods exist, depending on the type of action. If you don't file within the proper period, you lose your right to sue.

Rule 55(b)(1) allows the clerk to enter default judgment only when the claim is for a sum certain or a sum which can by computation be made certain. Rule 55(b)(2) relegates the entry of the default judgment to the court in all other cases.

A Motion to Dismiss is a request for the court to throw out a charge or charges against a defendant. It is a pretrial motion, heard by a judge. There is no jury involved. When a defendant files a Motion to Dismiss, they argue there is a problem with the legal basis of the charge and it should not proceed to trial.

If you still do not pay the plaintiff the money that you ONe him, he may have your wages garnished (withheld) from your pay check in order to collect his money, or the plaintiff may file an Execution against any property that you have, and the sheriff may sell that property in order for the plaintiff to collect his ...

FEE CHART Fee DescriptionFee at FilingFiling Fee (One defendant) - Up to $1,500.00$52.00 *Filing Fee (One defendant) - $1,500.01 to $3,000.00$126.00 *Filing Fee (One defendant) - $3,000.01 to $6,000.00$215.00 *Additional Defendant$10.00 each *6 more rows

Designed to settle disputes between individuals as well as businesses. The maximum amount an individual or other entity may sue or be sued for is $6,000.

Motion to Dismiss?Rule 12(b). A defendant may move to dismiss a complaint for a variety of reasons. Some common grounds for dismissal are lack of jurisdiction over the subject matter and failure to state a claim upon which relief may be granted. Sometimes a defendant files a motion to dismiss before filing an answer.

The District courts of Alabama are a trial court of ?limited jurisdiction.? The original civil jurisdiction of the district courts of Alabama, concurrent with the circuit court, shall include all civil actions in which the matter in controversy does not exceed $20,000 and all civil actions based upon unlawful detainer.

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Alabama Motion by Defendant to Dismiss with Prejudice for Failure to Prosecute