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.
A motion to dismiss with prejudice for failure to prosecute is a legal submission made by a defendant in a Washington state court case, seeking the termination of the case based on the plaintiff's failure to move forward with the litigation. This motion is typically filed when the plaintiff shows an extended lack of activity or delay in pursuing the case, resulting in unfair prejudice to the defendant. Here are different types of Washington motion by defendant to dismiss with prejudice for failure to prosecute: 1. Standard Motion by Defendant to Dismiss with Prejudice: This motion is filed when the defendant believes that the plaintiff's lack of progress and failure to prosecute the case have resulted in significant prejudice. It asks the court to permanently dismiss the case, barring the plaintiff from re-filing the same claim in the future. 2. Motion by Defendant to Dismiss with Prejudice due to Long-Term Inactivity: This type of motion focuses on demonstrating the plaintiff's prolonged inactivity in moving the case forward. It may include a detailed timeline of significant delays, missed deadlines, or lack of communication by the plaintiff, emphasizing the unfairness and prejudice caused to the defendant. 3. Motion by Defendant to Dismiss with Prejudice based on Lack of Progress: This motion highlights the plaintiff's failure to make any substantial progress in the case, such as missed discovery deadlines, failure to respond to court orders, or lack of producing required documents. It argues that the plaintiff's lack of diligence undermines the purpose of the legal process and asks for a dismissal with prejudice. 4. Motion by Defendant to Dismiss with Prejudice for Failure to Prosecute after Court Order: This type of motion is filed when the plaintiff fails to prosecute the case even after specific court orders directing them to take specific actions or meet certain deadlines. It identifies instances where the plaintiff intentionally disobeys or ignores court directives and argues for a dismissal with prejudice as a result. 5. Motion by Defendant to Dismiss without Prejudice as an Alternative Remedy: In some cases, the defendant may choose to file a motion to dismiss without prejudice, which seeks the termination of the case but allows the plaintiff the opportunity to refile the claim at a later date. This motion is often presented as an alternative when the court might find it inappropriate to dismiss the case with prejudice. When filing any of these motions to dismiss with prejudice for failure to prosecute in Washington state, it is crucial to provide clear and compelling evidence supporting the arguments and illustrating the prejudice suffered by the defendant due to the plaintiff's lack of progress or inactivity. A thorough and well-drafted motion will strengthen the defendant's position in seeking the termination of the case.
