[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP Code] Subject: Motion to Dismiss for Want of Prosecution Dear [Recipient's Name], I hope this letter finds you well. I am writing to formally request a Motion to Dismiss for Want of Prosecution on behalf of [Defendant's Name]. As per the Arkansas Rules of Civil Procedure, Rule 41(b), I believe there has been an unreasonable delay in the prosecution of the case, which warrants its dismissal. The case in question is [Case Name], with Docket Number [Docket Number], currently pending before [Court Name]. The plaintiff [Plaintiff's Name] initiated the lawsuit against [Defendant's Name] on [Date of Lawsuit Initiation]. However, since then, there has been no significant progress made towards resolving the matter, and the plaintiff has failed to diligently prosecute the case. Arkansas recognizes the importance of timely prosecution to ensure the efficient administration of justice. Rule 41(b) allows for dismissal of an action if the plaintiff fails to prosecute or comply with the rules or any court order. Please find attached the following documents and evidence to support our Motion to Dismiss for Want of Prosecution: 1. Affidavit of [Your Name]: This affidavit outlines the specific instances of delay and lack of action on the part of the plaintiff, providing a clear picture of their failure to diligently prosecute the case. 2. Chronology of Events: This document summarizes the key events and actions taken, illustrating the significant delays and lack of progress in the case. 3. Court Orders: Copies of any court orders that have been issued within the relevant time frame, demonstrating the plaintiff's non-compliance with court directives or lack of effort to push the case forward. We firmly believe that the circumstances of this case, as outlined in the enclosed documents, support our request for a Motion to Dismiss for Want of Prosecution. The defendant has been unnecessarily burdened with the uncertainty and costs associated with this unresolved lawsuit for an unreasonable period. We kindly request a prompt review of our motion. Should you require any further documentation or information, please do not hesitate to contact me at [Phone Number] or [Email Address]. Thank you for your attention to this important matter. We trust that the court will evaluate the facts and circumstances and grant our motion accordingly, dismissing the case for want of prosecution. Yours sincerely, [Your Name]
Arkansas Sample Letter for Motion to Dismiss for Want of Prosecution
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FAQ
Rule 165a - Dismissal for Want of Prosecution 1. Failure to Appear. A case may be dismissed for want of prosecution on failure of any party seeking affirmative relief to appear for any hearing or trial of which the party had notice.
A defendant making a motion to dismiss must do so before filing an answer or other responsive pleading, and the motion is generally due when the defendant's answer would have been due (see FRCP 12(b)Opens in a new window).
A Motion to Dismiss is often filed by the defendant right after the plaintiff serves the defendant with the complaint. Many of the reasons for dismissing a case may only be argued at the beginning of the case before the defendant answers the complaint or files any other motion.
This Court advises the parties that when a motion to dismiss is filed, the non-moving party has a right to amend its pleading once within 21 days.
Filing a motion to dismiss does not preclude later filing an answer, and filing an answer does not preclude later filing a section 2--619 motion to dismiss. Outlaw v. O'Leary, 161 Ill. App.
?In a 2-615 Motion to Dismiss, the defendant argues that there is some defect on the face of the Complaint that makes it improper and makes dismissal of the case appropriate. Typically, 2-615 Motions are granted when the Complaint fails to state allegations which amount to a cause of action.
Although most defenses to a complaint must be asserted in the answer, a defendant has the option of asserting certain defenses in the form of a motion to dismiss the complaint before filing an answer. (A motion is an application to the Court asking that the Court take some particular action in the case.)
Illinois Code of Civil Procedure 2-619 governs the involuntary dismissal of an action by the motion of a defendant (or other party against whom a claim is asserted) based upon specified defects or defenses.
