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.
Title: Ohio Motion by Defendant to Dismiss with Prejudice for Failure to Prosecute: An Overview and Types Introduction: In Ohio's legal system, a Motion by Defendant to Dismiss with Prejudice for Failure to Prosecute is a formal request submitted by the defendant in a civil or criminal case. This motion seeks to have the court dismiss the case permanently (with prejudice) due to the plaintiff's failure to diligently move forward with prosecution. Types of Ohio Motions by Defendant to Dismiss with Prejudice for Failure to Prosecute: 1. Civil Case Motion: In civil litigation, if a plaintiff fails to take essential steps to pursue their case or demonstrate a lack of interest in moving forward, a defendant may file a motion to dismiss with prejudice for failure to prosecute. The defendant must present compelling evidence showcasing the plaintiff's lack of progress or intent to prosecute. 2. Criminal Case Motion: Defendants in criminal cases can also file a motion to dismiss with prejudice for failure to prosecute. However, this motion is less common in criminal proceedings as the responsibility of prosecution rests with the state. It may be used if the defendant believes the state has failed to provide sufficient evidence, intentionally delayed the case, or engaged in prosecutorial misconduct. Key Elements of the Motion by Defendant to Dismiss with Prejudice: 1. Failure to Prosecute: The defendant must illustrate that the plaintiff (civil case) or the state (criminal case) has not made reasonable efforts to move the case forward within a reasonable timeframe. This can include lack of communication, failure to attend hearings, or repeated delays. 2. Prejudice: The defendant must demonstrate that they have suffered prejudice or harm due to the plaintiff's or state's failure to prosecute. This can include emotional distress, financial burdens, reputational damage, or the denial of a speedy trial. 3. Causation: The defendant must establish a causal link between the plaintiff's or state's failure to prosecute and the harm or prejudice suffered. They should highlight specific instances where the lack of prosecution directly impacted their defense, rights, or wellbeing. 4. Supporting Evidence: The motion must be supported by detailed evidence such as correspondence, court documents, witness statements, or other relevant materials, proving the plaintiff's or state's failure to prosecute adequately. Conclusion: In Ohio, a Motion by Defendant to Dismiss with Prejudice for Failure to Prosecute is a legal recourse available when the plaintiff (civil case) or the state (criminal case) fails to diligently pursue the case. By filing this motion, defendants seek to permanently dismiss the case and address the prejudice they may have suffered due to the lack of prosecution. It is essential to provide compelling evidence to justify such a motion and to consult with legal counsel to navigate the complexities of this legal process effectively.
