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

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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

(f) Entry of Dismissal. If a motion has not been filed under section (e) of this Rule, the clerk shall enter on the docket "Dismissed for lack of jurisdiction or prosecution without prejudice 30 days after service of the notice. If a motion is filed and denied, the clerk shall make the entry promptly after the denial.

Maryland Courts and Judicial Proceedings Section 2-503 (b) (1) Any stenographer appointed to record testimony before a grand jury shall take and subscribe an oath that he will keep secret all matters and things occurring before the grand jury.

The following defenses may be made by motion to dismiss filed before the answer, if an answer is required: (1) lack of jurisdiction over the subject matter, (2) failure to state a claim upon which relief can be granted, (3) failure to join a party under Rule 2-211, (4) discharge in bankruptcy, and (5) governmental ...

The following defenses may be made by motion to dismiss filed before the answer, if an answer is required: (1) lack of jurisdiction over the subject matter, (2) failure to state a claim upon which relief can be granted, (3) failure to join a party under Rule 2-211, (4) discharge in bankruptcy, and (5) governmental ...

Rather than filing an answer, a defendant may file a preliminary motion (Md. Rule 2-322). The filing of a preliminary motion under Maryland Rule 2-322 automatically extends the time for filing an answer to either: ? 15 days after the court's entry of the decision on the motion.

If the other party lives in a different state from where you filed your initial court petition, then s/he might file a motion to dismiss for lack of personal jurisdiction. This means that the state where you filed might not have jurisdiction (power) over the other party.

An action against any defendant who has not been served or over whom the court has not otherwise acquired jurisdiction is subject to dismissal as to that defendant at the expiration of one year from the last issuance of original process directed to that defendant.

(e) Deferral of dismissal. - On motion filed at any time before 30 days after service of the notice, the court for good cause shown may defer entry of the order of dismissal for the period and on the terms it deems proper.

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If a motion has not been filed under section (e) of this Rule, the clerk shall enter on the docket “Dismissed for lack of jurisdiction or prosecution without ... On motion of a defendant or on its own initiative, the court may dismiss an action without prejudice for lack of jurisdiction or prosecution. (d) ...Jan 1, 2017 — The notice required that within thirty (30) days, parties must show good cause to defer entry of an order of dismissal. A variety of other ... On motion of a defendant or on its own initiative, the court may dismiss an action without prejudice for lack of jurisdiction or prosecution. (d) Notification ... The motion shall be made on the ground that the defendant has a meritorious defense ... a motion to dismiss for failure to state a claim upon which relief can be. Jul 20, 2022 — Rule 2-507(b) authorizes a circuit court to dismiss a case when the court has not obtained jurisdiction over the defendant within 120 days of ... Jun 20, 2023 — court denied the motion to dismiss, finding that the State's failure did not satisfy the criteria for dismissal. After the circuit court's ... 41(b). (“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. Jun 1, 2017 — This appeal ensued. A decision whether or not to dismiss a case for failure to prosecute rests ... with prejudice because the motion was moot. Apr 2, 2019 — This case arises out of an order of the Circuit Court for Baltimore County denying a motion to vacate dismissal filed by Allynnore M. Jen and ...

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