Delaware Sample Letter for Motion to Dismiss for Want of Prosecution [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Name of the Court] [Court's Address] [City, State, ZIP] Re: Case No. [Case Number] [Plaintiff's Name] v. [Defendant's Name] Dear Honorable [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing to bring attention to the matter of the above-referenced case and respectfully submit this Motion to Dismiss for Want of Prosecution on behalf of the defendant, [Defendant's Name]. In accordance with the Delaware Civil Rules of Procedure, Rule [rule number], we seek the court's intervention due to the plaintiff's continuous failure to diligently prosecute the case within a reasonable timeframe, as prescribed by the applicable rules. Despite the passage of considerable time since the initiation of the lawsuit, the plaintiff has shown a lack of progress in moving the case forward. They have failed to: 1. Conduct discovery within the specified time limits outlined in the Scheduling Order; 2. Respond to communications related to case management conferences; 3. Attend pretrial hearings, resulting in unnecessary adjournments; and 4. Provide any valid reasons or justifications for their noncompliance and inaction. The aforementioned examples demonstrate a clear lack of interest and commitment to prosecuting this case. This lack of prosecution not only hampers the efficient functioning of the court but also unjustly hinders the defendant's ability to defend themselves and seek a resolution to this matter. Additionally, it is important to note that the plaintiff's inaction is causing unnecessary delays, congesting court dockets, and wasting judicial resources, both human and financial. These circumstances allow for the application of Rule [rule number], which empowers the court to dismiss the case for want of prosecution. Considering the aforementioned facts, we kindly request that this Honorable Court exercise its discretion to dismiss this case for want of prosecution, based on the grounds outlined above, pursuant to Delaware's Civil Rules of Procedure. Furthermore, we kindly request that the court grant such additional relief as it deems fair, just, and appropriate under the circumstances, including, but not limited to, an award of reasonable attorney's fees and costs incurred by the defendant as a result of the plaintiff's unwarranted delay and noncompliance. Thank you for your attention to this matter. We trust that your ruling will uphold the principles of fairness and justice. Should you require any further information or clarification, please do not hesitate to contact me at [your contact information]. Yours sincerely, [Your Name] [Your Attorney Bar Number] [Law Firm Name] [Law Firm Address] [City, State, ZIP]
Delaware Sample Letter for Motion to Dismiss for Want of Prosecution
Description
How to fill out Delaware Sample Letter For Motion To Dismiss For Want Of Prosecution?
US Legal Forms - one of many greatest libraries of legitimate kinds in the United States - delivers a variety of legitimate record themes it is possible to download or produce. Utilizing the site, you can get a large number of kinds for organization and specific functions, sorted by types, suggests, or keywords and phrases.You can get the most up-to-date models of kinds like the Delaware Sample Letter for Motion to Dismiss for Want of Prosecution in seconds.
If you currently have a registration, log in and download Delaware Sample Letter for Motion to Dismiss for Want of Prosecution in the US Legal Forms collection. The Acquire button will show up on each and every form you view. You have access to all earlier downloaded kinds inside the My Forms tab of your profile.
If you wish to use US Legal Forms the first time, listed here are straightforward instructions to obtain started:
- Ensure you have selected the correct form to your area/county. Click the Preview button to review the form`s information. Look at the form explanation to actually have selected the correct form.
- In the event the form does not match your requirements, use the Search area on top of the screen to obtain the one who does.
- Should you be pleased with the shape, verify your choice by clicking on the Buy now button. Then, opt for the pricing prepare you prefer and supply your accreditations to register for the profile.
- Method the transaction. Make use of charge card or PayPal profile to perform the transaction.
- Find the formatting and download the shape on the device.
- Make changes. Fill out, change and produce and indicator the downloaded Delaware Sample Letter for Motion to Dismiss for Want of Prosecution.
Each and every format you included with your money does not have an expiry day which is your own for a long time. So, in order to download or produce yet another duplicate, just go to the My Forms area and click in the form you want.
Obtain access to the Delaware Sample Letter for Motion to Dismiss for Want of Prosecution with US Legal Forms, by far the most substantial collection of legitimate record themes. Use a large number of professional and condition-particular themes that meet up with your organization or specific requires and requirements.
Form popularity
FAQ
Rule 59 - New Trials and Rearguments (a) Grounds. A new trial may be granted to all or any of the parties and on all or part of the issues in an action in which there has been a trial for any of the reasons for which new trials have heretofore been granted in this Court.
Rule 59 - New Trials (a) Grounds. A new trial may be granted to all or any of the parties, and on all or part of the issues for any of the reasons for which rehearings have heretofore been granted in suits in equity.
If you filed a Petition and the Respondent(s) has filed an answer/entered an appearance, but agrees to dismiss the case, you may file a Stipulation of Dismissal (Form 520). This stipulation must be signed by all parties who have filed a pleading or have come to Court for the case.
Rule 60(b) of the Federal Rules of Civil Procedure authorizes a court to relieve a party from a final judgment, order, or proceeding for various reasons, including ?mistake, inadvertence, surprise, or excusable neglect.? Fed.
A participant meets the Rule of 60 if his or her age plus full years of service equal at least 60 and he or she either: (i) is at least age 50 with at least five full years of service; or (ii) is under age 50 with at least 20 full years of service.
A motion to dismiss may be based on the following grounds: Lack of subject matter jurisdiction. Lack of personal jurisdiction. Improper venue.
If the plaintiff does not take action to continue the proceedings within a reasonable amount of time, it can result in the lack of prosecution. The reason for this could be due to various factors, such as illness, financial difficulties, or lack of interest.
Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the Court any time of its own initiative, or on motion of any party and after such notice, if any, as the Court orders.
