Rhode Island Motion by Defendant to Dismiss with Prejudice for Failure to Prosecute

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Description

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.

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  • Preview Motion by Defendant to Dismiss with Prejudice for Failure to Prosecute

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FAQ

Rule 48 - Dismissal (a)By Attorney for State. The attorney for the State may file a dismissal of an indictment, information, or complaint and the prosecution shall thereupon terminate. Such a dismissal may not be filed during the trial without the consent of the defendant.

Legal action has been terminated and the state is not moving forward with the prosecution ? at least for now. A case can be dismissed at any time during the process, including before trial, during trial, or even after trial (if a convicted defendant wins on appeal.)

A motion for dismissal in the interests of justice is a motion that defense counsel cannot make. Only the prosecutor or the judge can make such a motion, but defense counsel may ?invite? the judge to make such a motion.

A: It means the case is dismissed pursuant to rule 48(a) of the RI Rules of Criminal Procedure. The prosecutor has exercised their discretion to dismiss the case. If it was a 48(b) that would mean that the judge had dismissed the case.

A defendant who has been charged by information may, within thirty (30) days after the defendant has been served with a copy of the information, or at such later time as the court may permit, move to dismiss on the ground that the information and exhibits appended thereto do not demonstrate the existence of probable ...

(1)On Court's Own Motion. The court may, at any time, in its discretion dismiss any action for failure of the plaintiff to comply with these rules or any order of court, or for lack of prosecution if the action has been pending for more than five (5) years.

Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court in which the action is pending.

Rule 37 - Failure to Make or Cooperate in Discovery: Sanctions. (a)Motion for Order Compelling Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: (1)Appropriate Court.

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Rhode Island Motion by Defendant to Dismiss with Prejudice for Failure to Prosecute