[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Courtroom Address] [City, State, ZIP] Re: Case [Case Number], [Plaintiff's Name] v. [Defendant's Name] Dear Honorable Judge [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing to respectfully address the matter of the above-mentioned case and request the Court's consideration of a Motion to Dismiss for Want of Prosecution on behalf of the defendant, [Defendant's Name]. I. Background Information: 1. Case Overview: Provide a brief summary of the case, highlighting key facts and circumstances that led to the current state of the proceedings. 2. Parties Involved: Clearly identify the plaintiff and defendant in the case. 3. Timeline of Proceedings: Briefly outline the timeline of events, including the filing date, key motions, and any notable delays or inactivity. II. The Grounds for Motion to Dismiss for Want of Prosecution: 1. Lack of Diligence: Explain how the plaintiff has demonstrated a lack of diligence in prosecuting the case, such as extended periods of inactivity or repeated failure to comply with court orders. 2. Failure to Progress: Provide specific instances where the plaintiff has failed to take action or advance the case towards a resolution, resulting in unnecessary delays. 3. Prejudice to the Defendant: Show how the plaintiff's lack of prosecution has caused prejudice to the defendant, whether through the loss of key evidence or witness availability, or the mere passage of an unreasonable amount of time without resolution. III. Relevant North Dakota Case Law: 1. [Insert name of North Dakota Case 1]: Discuss this case's applicability to the current situation, emphasizing any rulings that support the Motion to Dismiss for Want of Prosecution. 2. [Insert name of North Dakota Case 2]: Analyze this case to demonstrate how it strengthens the argument for dismissing the case due to lack of prosecution. (Note: Include more cases if applicable and available.) IV. Conclusion and Relief Requested: Based on the above-mentioned grounds and applicable North Dakota case law, we hereby respectfully request: 1. That the Court grants our Motion to Dismiss for Want of Prosecution. 2. That the case be dismissed with prejudice, barring the plaintiff from refiling the same claim in the future. 3. Any other appropriate relief the Court deems just and fair under the circumstances. I assure you that the defendant has a genuine interest in resolving this matter, but the plaintiff's inaction and sheer lack of diligence have rendered the current judicial process futile and unfair. Thank you for your attention to this matter, and we respectfully await the Court's decision. Please do not hesitate to contact us if any additional information is required. Sincerely, [Your Name] [Your Title/Designation if applicable] [Law Firm Name if applicable]
North Dakota Sample Letter for Motion to Dismiss for Want of Prosecution
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How to fill out North Dakota Sample Letter For Motion To Dismiss For Want Of Prosecution?
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FAQ
Purpose. A motion is a formal proposal by a member to do something. Motions are the basis of the group decision-making process. They focus the group on what is being decided.
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 ...
41. Rule 41 prohibits dismissal by stipulation under subdivision (a) when a provisional remedy has been allowed. A directed verdict should be moved for under Rule 50 in a trial by jury, instead of asking for a dismissal.
Motion is the action of changing location or position. A force is any interaction that causes a change in motion, shape, or energy. A system possesses energy if it has the ability to do work. ( Work is done when a force causes a change in the energy of a system.)
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.
A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony. Only judges decide the outcome of motions.
A motion to the court must include the legal authority that supports the motion request. The moving party must explain how and why the law, case law, and/or court rule supports the request.
Latin for "of one's own ; voluntarily." Used to indicate that a court has taken notice of an issue on its own motion without prompting or suggestion from either party. As a general rule, where grounds for dismissal exist, an action is subject to dismissal on a court's own motion.
