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.
Florida Motion by Defendant to Dismiss with Prejudice for Failure to Prosecute refers to a legal action taken by the defendant in a court case, specifically in the state of Florida, in which they request the dismissal of the case due to the plaintiff's failure to move forward with the prosecution. This type of motion carries significant consequences as it seeks a dismissal with prejudice, meaning that the case cannot be refiled in the future. In Florida, there are different types of motions by the defendant to dismiss with prejudice for failure to prosecute, each with its own specific circumstances: 1. Motion by Defendant to Dismiss with Prejudice for Failure to Prosecute Generally: This motion is filed when the defendant claims that the plaintiff has failed to actively pursue the case, resulting in substantial delays or a lack of progress in the legal proceedings. The defendant argues that the dismissal with prejudice is justified because the plaintiff's inaction has prejudiced the defendant's right to a fair and speedy trial. 2. Motion to Dismiss with Prejudice for Failure to Prosecute Within the Statutory Time Limit: In some cases, Florida law establishes specific time limits within which a case must be prosecuted from the filing of the complaint. If the plaintiff fails to meet these deadlines without valid reasons, the defendant can file a motion highlighting the statutory violation and requesting a dismissal with prejudice. 3. Motion by Defendant to Dismiss with Prejudice for Lack of Prosecution Despite Notice: In certain situations, the court may issue a notice to the plaintiff, warning them that their case is at risk of dismissal for failure to prosecute. If the plaintiff still fails to take proper action within the specified time frame, the defendant can file a motion requesting the court to dismiss the case with prejudice. 4. Motion to Dismiss with Prejudice for Intentional Delays in Prosecution: In cases where the defendant believes that the plaintiff deliberately postponed or intentionally caused delays in prosecution to gain an unfair advantage, they can file a motion seeking the dismissal of the case with prejudice. This type of motion argues that the plaintiff's actions constitute a violation of the defendant's rights to a fair trial and prompt resolution. It is important to note that the specific requirements and procedures for filing a motion by the defendant to dismiss with prejudice for failure to prosecute may vary depending on the court, the type of case, and the jurisdiction within Florida. Therefore, it is advisable to consult with an experienced attorney familiar with the local rules and regulations when pursuing such a course of legal action.
