Virgin Islands Motion by Defendant to Dismiss with Prejudice for Failure to Prosecute

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Multi-State
Control #:
US-02698BG
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Word; 
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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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FAQ

Notice of Entry of Judgment or Order (CIV-130) Tells the parties that a judgment has been entered in a case. Service of this notice sets the start date of important deadlines regarding the ability to set-aside or challenge the judgment.

Procedural dismissal on preliminary review means the administrative refusal to accept, investigate, or process an inmate complaint under the ARP, because the inmate's complaint: Sample 1.

A party that requests dismissal of an action must serve on all parties and file notice of entry of the dismissal.

Tells the parties about the court's decision to dismiss the case and that more details about the dismissal are shown on Request for Dismissal (form CIV-110).

LexRoll.com > Law Dictionary > Civil Procedure > Failure to Prosecute. Failure of the plaintiff (in a civil case) or the prosecutor (in a criminal case) to diligently pursue the case after it is filed, which can be grounds for dismissal of the case.

File the Notice. Deliver or mail the original plus two copies of the Notice and Certificate to the Clerk's Office at the courthouse where the Judge for your case is located. The Clerk will take the original and one copy. The other copy is for you to keep after it is stamped by the Clerk.

Once you get this filled out, you will file it with the court and your case number and then the clerk will enter your dismissal, and once that happens, then your case is officially dismissed, your lawsuit is over, and you can go on with the rest of your life.

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.

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Virgin Islands Motion by Defendant to Dismiss with Prejudice for Failure to Prosecute