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.
A Missouri Motion by Defendant to Dismiss with Prejudice for Failure to Prosecute is a legal action taken by the defendant in a civil lawsuit when the plaintiff has failed to diligently pursue their case. This motion is filed when the plaintiff either fails to take any action or fails to move the case forward within the required time frames. The motion requests the court to dismiss the case with prejudice, which means that the plaintiff cannot refile the case at a later date. In Missouri, there are different types of motions by the defendant to dismiss with prejudice for failure to prosecute, which may include: 1. Motion to Dismiss for Want of Prosecution: This motion is filed when the plaintiff has shown a lack of diligence in moving the case forward. It argues that the plaintiff's failure to take necessary steps has caused undue delay and prejudice to the defendant. 2. Motion to Dismiss for Failure to Comply with Court Orders: If the plaintiff fails to comply with court orders, such as failing to submit required documents or missing scheduled hearings, the defendant may file a motion to dismiss. This motion asserts that the plaintiff's non-compliance hampers the progress of the case and warrants dismissal. 3. Motion to Dismiss for Failure to Serve Process: When the plaintiff fails to properly serve the defendant with a summons and complaint, the defendant can file a motion to dismiss. This motion contends that without proper service, the defendant is unable to participate in the case, resulting in a failure to prosecute. 4. Motion to Dismiss for Failure to Amend Deficient Pleadings: If the plaintiff's initial complaint is defective or lacking necessary information, the defendant may request the court to dismiss the case if the plaintiff fails to amend the pleadings accordingly. This motion asserts that the plaintiff's non-compliance impedes the defendant's ability to respond adequately. When filing a Motion by Defendant to Dismiss with Prejudice for Failure to Prosecute in Missouri, it is crucial to provide detailed evidence or documentation supporting the claims of the plaintiff's lack of diligence or non-compliance. The motion should clearly state the reasons for dismissal with prejudice, emphasizing the negative impact the plaintiff's actions or inaction have had on the defendant's ability to defend themselves adequately. If successful, the court may dismiss the case with prejudice, bringing an end to the litigation process.
