Subject: Missouri Sample Letter for Motion to Dismiss for Want of Prosecution Dear [Recipient's Name], I am writing this letter to provide you with a detailed description and a sample template of a Motion to Dismiss for Want of Prosecution in the state of Missouri. This document is essential for individuals who wish to request the dismissal of a case due to the plaintiff's failure to prosecute the lawsuit effectively. Missouri recognizes the need for timely prosecution of legal cases, ensuring that litigation does not linger indefinitely. When a plaintiff fails to take necessary actions to move the case forward within a reasonable period, the defendant has the right to file a Motion to Dismiss for Want of Prosecution, seeking the termination of the claim. Below, you will find a sample letter format for a Motion to Dismiss for Want of Prosecution in Missouri: [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Court Name] [Court Address] [City, State, ZIP Code] Re: [Case Name and Number] Dear [Clerk of the Court/Judge], I am writing to file a Motion to Dismiss for Want of Prosecution in the above-mentioned case, pursuant to Rule [XX] of the Missouri Rules of Civil Procedure. As the defendant in this matter, it has become apparent that the plaintiff has failed to diligently pursue this lawsuit, resulting in undue delay and prejudice on my behalf. I provide the following reasons supporting this motion: 1. Lack of Activity: The plaintiff has demonstrated a prolonged period of inaction in prosecuting this case, exceeding the acceptable standards for timely litigation. 2. Failure to Comply with Court Orders: The plaintiff has consistently neglected to comply with court orders, including deadlines for discovery, submission of documents, or other necessary actions, further delaying the progress of this case. 3. Failure to Appear: The plaintiff has repeatedly failed to appear in court on scheduled dates, causing unnecessary adjournments and wasting valuable judicial resources. 4. Lack of Communication: The plaintiff has exhibited a complete lack of communication, making it impossible to engage in meaningful settlement discussions or work towards a resolution outside of court. Considering these circumstances and the defendant's right to a speedy trial, I hereby request the honorable court to dismiss the above-mentioned case with prejudice, as it is evident that the plaintiff lacks the necessary interest or ability to prosecute this matter diligently. Enclosed with this letter, please find all relevant supporting documentation, including copies of court orders, correspondences, and a Certificate of Service. Your prompt attention to this matter will be highly appreciated. Thank you for your time and consideration. Sincerely, [Your Name] Note: It is highly recommended consulting with an attorney or legal professional to verify the specific regulations and requirements for filing a Motion to Dismiss for Want of Prosecution in Missouri. Different types of Missouri Sample Letters for Motion to Dismiss for Want of Prosecution may include variations based on the type of case (civil, criminal, family law, etc.) or specific circumstances causing the lack of prosecution. Feel free to adapt the template provided above as per your specific needs while ensuring compliance with local rules and regulations. Best regards, [Your Name]
Missouri Sample Letter for Motion to Dismiss for Want of Prosecution
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How to fill out Missouri Sample Letter For Motion To Dismiss For Want Of Prosecution?
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FAQ
In Missouri, a plaintiff in a civil lawsuit has unfettered authority to dismiss his/her/its lawsuit all the way up until a trial. Under Rule 67.02, a plaintiff may dismiss a civil lawsuit at any time prior to the swearing of the jury panel for jury selection.
Lack of prosecution means that a person who started a legal case did not continue with it. This can lead to the case being dismissed or thrown out. It is also called "want of prosecution" or "no progress".
Rule 67.06 provides the following: On sustaining a motion to dismiss a claim, counterclaim or cross- claim the court shall freely grant leave to amend and shall specify the time within which the amendment shall be made or amended pleading filed.
Any defendant may move for an involuntary dismissal in a civil action for failure of the plaintiff to prosecute a cause of action. Rule 67.03. "[A]n involuntary dismissal can only be made with prejudice if there is notice and an opportunity to be heard...." State ex rel. Willens v.
Grounds. A Rule 12(b) motion can be based on: (1) lack of subject matter jurisdiction; (2) lack of personal jurisdiction; (3) improper venue; (4) insufficient process; (5) insufficient service of process; (6) failure to state a claim upon which relief can be granted; and (7) failure to join a party under Rule 19.
A dismissal without prejudice permits the party to bring another civil action for the same cause, unless the civil action is otherwise barred. A dismissal with prejudice bars the assertion of the same cause of action or claim against the same party.
