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

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Multi-State
Control #:
US-02698BG
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Word; 
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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

A protected person named in a no contact order may request modification or termination of that order by filing a written and signed request with the clerk of the court in which the criminal offense is filed. Forms for such a request must be available from the clerk.

Unless the notice of dismissal or stipulation states otherwise, the dismissal is without prejudice.

Dismissal. (a) By Attorney for Government . The Attorney General or the United States attorney may by leave of court file a dismissal of an indictment, information or complaint and the prosecution shall thereupon terminate.

Dismissal. (a) By the Government. The government may, with leave of court, dismiss an indictment, information, or complaint. The government may not dismiss the prosecution during trial without the defendant's consent.

After trial is commenced, at any time prior to the rendering of a verdict, the court may declare a mistrial on its own motion or on motion of any party if it determines an occurrence at trial has prevented a fair trial.

Idaho Juvenile Rule 48. Termination of Parent Child Relationship (C.P.A.) (a) At any time after the entry of a decree finding that the child is within the jurisdiction of the court under the C.P.A. a petition for termination of the parent child relationship may be filed in ance with the provisions of I.C.

?With prejudice? means that you cannot re-file your case ever. ?Without prejudice? means that you can re-file your case at a later date (as long as you are still within the statute of limitations).

When a court dismisses a criminal action, the order of dismissal must state the court's reasons for dismissal. (c) Effect of Dismissal. An order for dismissal is a bar to any other prosecution for the same offense if it is a misdemeanor, but it is not a bar if the offense is a felony.

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