[Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Judge's Name] [Court Name] [Court Address] [City, State, Zip Code] Re: Case Number [Case Number] Dear Honorable [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing to submit a Motion to Dismiss for Want of Prosecution in the case mentioned above. Your Honor, I first extend my gratitude for your continued dedication to the fair and efficient administration of justice. As an attorney representing the defendant in this case, it is my duty to ensure that due process is upheld and that justice is served. With this motion, I seek the dismissal of the case on the grounds of want of prosecution by the plaintiff. The concept of want of prosecution refers to the failure of the plaintiff to progress the case and bring it to a meaningful conclusion. It is crucial to note that a defendant's right to a speedy trial, protected by the Sixth Amendment of the United States Constitution and corresponding provisions in the Mississippi Constitution, should not be violated due to undue delays caused by the plaintiff's inaction. The plaintiff's failure to diligently prosecute this case has resulted in significant prejudice to the defendant. Since the commencement of this case on [Date of Commencement], there have been multiple continuances requested by the plaintiff, requiring the defendant's time, resources, and attention. However, despite ample time being granted, the plaintiff has failed to present any evidence or proceed with the next steps of the litigation process. It is important to emphasize that the plaintiff's lack of diligent prosecution is not due to any reasons beyond their control. The delays have been solely a result of their failure to meet deadlines, respond to correspondence, or provide satisfactory reasons for their inaction. Your Honor, the Supreme Court of Mississippi has held that dismissal for want of prosecution is an extraordinary measure, but it is intended to prevent the protracted pendency of unresolved cases. In the interest of justice and fairness, I kindly request that this case be dismissed with prejudice, thereby preventing the plaintiff from refiling the same claim in the future. In light of the circumstances, I have attached supporting documents to illustrate the numerous instances of the plaintiff's lack of diligence and the resulting prejudice suffered by the defendant. I appreciate your attention to this matter and remain at your disposal to provide any additional information or clarification that may assist you in rendering a just decision in this case. Thank you for considering this motion, and I eagerly await your ruling. Yours sincerely, [Your Name] [Your Bar Number] [Your Law Firm] [Law Firm Address] [City, State, Zip Code]
Mississippi Sample Letter for Motion to Dismiss for Want of Prosecution
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How to fill out Mississippi Sample Letter For Motion To Dismiss For Want Of Prosecution?
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FAQ
For example, an employer might admit in a without prejudice communication that it had failed to carry out certain procedures which might otherwise render a dismissal unfair, but the employee would normally not be able to show that admission to an Employment Tribunal to try and prove their claim.
It is a pretrial motion, heard by a judge. There is no jury involved. When a defendant files a Motion to Dismiss, they argue there is a problem with the legal basis of the charge and it should not proceed to trial. When a judge decides a Motion to Dismiss, they are not determining the defendant's guilt or innocence.
Rule 81 requires use of a special summons which commands that the defendant appear and defend at a specific time and place set by order of the court and informs him or her that no answer is necessary.
Rule of Civil Procedure 1.420(e) provides that if is no record activity occurs within sixty (60) days immediately following the service of the Notice of Lack of Prosecution and no stay has been entered or approved by the Court or good cause shown, the action shall be dismissed by the court on its own motion or on ...
Dismissal Without Prejudice For example, if a person beats another person very severely, the prosecutor may file assault charges against the aggressor. If the victim later dies, the prosecutor may want to drop the assault charges in favor of a murder charge.
The without prejudice (WP) rule will generally prevent statements made in a genuine attempt to settle an existing dispute, whether made in writing or orally, from being put before the court as evidence of admissions against the interests of the party which made them.
A Motion to Dismiss is a formal document that would be filed in an court of law, usually soon after a case is brought to court. A Motion to Dismiss is essentially a request to have a case removed from court, or thrown out.
The notice means that the court where the lawsuit was pending has dismissed the case against you. Another way of saying dismissed in the context of a court action is to say tossed out. If a creditor's case against you has been dismissed, it's been tossed out by the court.
In general, when a motion to dismiss with prejudice is granted, the plaintiff cannot re-file or file another complaint relating to the same events or set of facts.
If the plaintiff does not take action to continue the proceedings within a reasonable amount of time, it can result in the lack of prosecution. The reason for this could be due to various factors, such as illness, financial difficulties, or lack of interest.
