Guam 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] [Guam District Court] [Address] [City, State, ZIP] Re: Case No. [Case Number] Dear Judge [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing as the defense representative in the aforementioned case to present a Motion to Dismiss for Want of Prosecution under Rule XXX of the Guam District Court Rules of Civil Procedure. Firstly, I would like to underscore that the plaintiff's lack of diligence and failure to move forward with the case have significantly prejudiced my client's interests. Despite an ample timeframe since the filing of the complaint on [Complaint Date], there has been an apparent absence of any substantial progress in this matter. This lack of progress is evident from the court records and the information exchanged between the parties. It is important to note that a motion to dismiss for want of prosecution can be exercised when the plaintiff fails to take essential steps to advance the case diligently. In this situation, it is evident that the plaintiff has not filed any necessary pleadings, responded to discovery requests, or taken any other relevant action to move the case towards a resolution. Furthermore, a review of the court docket reveals multiple continuances and prolonged periods of inactivity in this case. While we understand that unforeseen circumstances may arise, it is the responsibility of the plaintiff and their counsel to promptly address such occurrences, which unfortunately have not been done in this case. Although we recognize the court's inherent discretion in determining whether to grant a motion to dismiss for want of prosecution, we believe the facts and circumstances of this case warrant such action. The absence of progress, lack of diligence, and continuous delays not only impede the efficient administration of justice but also cause financial and emotional hardship to my client. We humbly request that the court grant our Motion to Dismiss for Want of Prosecution, thereby putting an end to the prolonged uncertainty faced by my client due to the plaintiff's inaction. Additionally, we kindly request that the court impose necessary costs, including attorney's fees and expenses, as a way to compensate my client for the hardships endured as a result of the plaintiff's negligence. Thank you for your time and attention to this matter. We trust that the court will carefully consider the facts presented in this letter and make a just decision in accordance with the principles of fairness and equity. Should you require any further documents or information, please do not hesitate to contact me at [Phone Number] or [Email Address]. Yours sincerely, [Your Name] [Your Law Firm's Name] [Your Law Firm's Address] [City, State, ZIP]
Guam Sample Letter for Motion to Dismiss for Want of Prosecution
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The Compiler of Laws is responsible for officially publishing the Session Laws of the Guam Legislature, the Guam Code Annotated and updates thereto, the Guam Administrative Rules and Regulations, Supreme Court of Guam Opinions, Executive Orders and Attorney General Opinions.
Motion to Dismiss in Georgia Superior Court ? At A Glance Lack of subject-matter jurisdiction; Lack of personal jurisdiction; Improper venue; Insufficiency of process; Insufficiency of service of process; Failure to state a claim on which relief can be granted; and. Failure to join an indispensable party (see O.C.G.A.
However, a rarely enforced Georgia statute provides that judges should rule on motions within 90 days after filing or oral argument unless counsel agree in writing to extend the time for a ruling or the judge is "providentially hindered" from making a decision.
The laws in the Guam Code are passed by the Legislature of Guam, which was created by the Organic Act of Guam in 1950. The Legislature of Guam contains 15 members, who serve two-year terms and are not subject to any term limits. A proposed law is known as a bill.
Section 9-11-119 - Form of motion to dismiss, presenting defense of failure to state a claim, Ga. Code § 9-11-119 | Casetext Search + Citator.
Use a prior document in the same court as a guide. Create the body of the motion. In the body, you argue why the complaint should be dismissed. The body will have three parts: the opening paragraph, the relief requested, and then the facts.
The main governing document of Guam is the Organic Act of Guam, which was passed by the U.S. Congress in 1950. Other Guam laws include laws that are passed by the Legislature of Guam and periodically codified in the Guam Code, as well as decisions by courts that interpret Guam laws.
Guam, an unincorporated United States territory, has not yet adopted a constitution. It was designated an unincorporated U.S. Territory by the "Guam Organic Act of 1950." The act serves as the governing document for Guam. It was approved the U.S. Congress and approved by the president on Aug. 1, 1950.
A defendant may choose to submit a motion to dismiss for one of two reasons: 1) to allege a lack of jurisdiction over the defendant; or 2) to show that the plaintiff's claim is without legal or factual merit.
Guam Organic Law and Legislation It is ?unincorporated? because not all provisions of the U.S. Constitution apply to the territory. Guam is an ?organized? territory because Congress provided the territory with an organic act, under which the Secretary of the Interior has administrative responsibility for the territory.
