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

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Multi-State
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US-02698BG
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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

Rule 30. After service of the summons, any party may take the testimony of any person, including a party, by deposition upon oral examination.

Rule 35. The order may be made only on motion for good cause shown and upon notice to the party or person to be examined and to all other parties and shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is made.

41.02Involuntary Dismissal; Effect Thereof (a) The court may upon its own initiative, or upon motion of a party, and upon such notice as it may prescribe, dismiss an action or claim for failure to prosecute or to comply with these rules or any order of the court.

A continuance for a dismissal is an agreement between the prosecutor and defendant to cease further prosecution for a period of time, during which the defendant must abide by certain conditions. Upon doing so, the case will be administratively dismissed.

Rule 30. The prosecutor may dismiss a complaint or tab charge without the court's approval, and may dismiss an indictment with the court's approval. The prosecutor must state the reasons for the dismissal in writing or on the record. In felony cases, if the dismissal is on the record, it must be transcribed and filed.

Dismissal: Termination of an action or claim without further hearing. Dismissal without Prejudice: A dismissal that does not bar the plaintiff from refiling the charge. Dismissal with Prejudice: A dismissal barring the plaintiff from prosecuting any later lawsuit on the same claim.

41.02Involuntary Dismissal; Effect Thereof (a) The court may upon its own initiative, or upon motion of a party, and upon such notice as it may prescribe, dismiss an action or claim for failure to prosecute or to comply with these rules or any order of the court.

Dismissal in the interest of justice allows a court to dis- miss a procedurally proper, but unjust or unjustifiable, cause of action.

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