Motion by Defendant to Dismiss with Prejudice for Failure to Prosecute
About this form
The Motion by Defendant to Dismiss with Prejudice for Failure to Prosecute is a legal document used by a defendant to request the dismissal of a case based on the plaintiff's lack of diligence in pursuing the case. This form is significant as it provides a method for defendants to protect their interests if the plaintiff fails to follow procedural rules or court orders. Unlike other dismissal motions, this motion seeks dismissal with prejudice, meaning the plaintiff cannot refile the same claim in the future.
What’s included in this form
- Caption: Identifies the parties and court details.
- Motion Introduction: States the defendant's request to dismiss the case.
- Grounds for Dismissal: Details the plaintiff's inactivity and failure to prosecute.
- Conclusion: Requests the court to grant the dismissal with prejudice.
- Attorney's Signature: Includes signatures and details of the attorney representing the defendant.
- Certificate of Service: Confirms that the motion has been properly served to the plaintiff's attorney.
- Notice of Motion: Informs the plaintiff of the time and date for the hearing.
State-specific compliance details
This is a general template intended for use in various states. Laws and formatting rules differ, so confirm the document meets your state’s requirements before using it.
Common use cases
This form is appropriate to use when the plaintiff has not actively pursued their case for an unreasonable period, neglecting their obligations under the rules of court. If you are a defendant facing an inactive lawsuit and want to seek a dismissal, this form provides the necessary legal framework to formally request the court to dismiss the action altogether. This can help eliminate the burden of a lingering case on your record.
Who should use this form
- Defendants in civil litigation who are facing a case that lacks prosecution by the plaintiff.
- Attorneys representing defendants desiring to take formal action against an inactive lawsuit.
- Parties in a legal dispute who wish to expedite the resolution of their case by eliminating unprosecuted claims.
How to complete this form
- Complete the caption section: Enter the names of the parties and the case number.
- Fill in the Defendant's details: Include the name of the defendant and the attorney’s contact information.
- State the grounds for dismissal: Describe the circumstances showing the plaintiff's lack of due diligence.
- Sign the motion: The attorney representing the defendant must sign and date the motion.
- Provide a certificate of service: Indicate how and when the motion was served to the plaintiff’s attorney.
- Complete the notice of motion: Fill in the hearing date, time, and location for the court appearance.
Notarization requirements for this form
Notarization is not commonly needed for this form. However, certain documents or local rules may make it necessary. Our notarization service, powered by Notarize, allows you to finalize it securely online anytime, day or night.
Common mistakes to avoid
- Failing to properly specify the grounds for dismissal.
- Not signing the motion or forgetting to include the attorney's credentials.
- Missing the court’s required format or filing procedures.
- Neglecting to provide a certificate of service, which is essential for proper notification.
Why use this form online
- Convenient access to legal forms that can be downloaded and filled out at any time.
- Editable templates allow for easy modifications specific to your case needs.
- Documents created by licensed attorneys ensure compliance with legal standards.
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FAQ
A case will be dismissed with prejudice if there is reason for the case not to be brought back to court; for example, if the judge deems the lawsuit frivolous or the the matter under consideration is resolved outside of court.
Federal EEOC guidelines forbid turning down job candidates on the sole basis of arrests that don't lead to conviction. GoodHire excludes dismissed charges from its background check results.
Dismissed for want of prosecution or DWOP means your case is dismissed by the judge because nothing has happened in your case for a while or you missed a hearing or trial (of which you had notice).
LOP stands for Lack of Prosecution. Generally Dismissal for lack of prosecution occurs when the court closes a case as nothing has been filed within a specified period of time.Usually the case is dismissed without prejudice so that the party can re-file the case.
Yes, you can be recharged. A dismissal is not an adjudication of the charge on its merits, so double jeopardy doesn't apply. To dismiss and recharge an individual is a common tactic utilized by the state frequently.
WHAT IS A DISMISSED CASE? A dismissed criminal case is one in which you were not convicted. When a criminal charge is dismissed, you are not guilty and the case is concluded.
In a criminal court, a judge can dismiss a case with prejudice, for example, when false accusations and lingering suspicions may do harm to the defendant's reputation or position in the community.
Dismissal. A civil matter which is "dismissed with prejudice" is over forever.The dismissal itself may be appealed. If it is a "voluntary dismissal with prejudice", it is the result of an out of court agreement or settlement between parties that they agree is final.
The first lines of your motion should state your name and role in the case, and what you are asking the judge to do. Traditionally, the first line begins "Comes now the defendant," followed by your name. Then you state that you're asking the court to dismiss the plaintiff's complaint.
