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How long after you file an answer in a civil suit does the plaintiff have to proceed with the lawsuit before I can file a motion for dismissal for non prosecution?
Wiki User
∙ 13y ago
It depends upon the jurisdiction in which the case is pending, and the type of case involved. Frequently, in a civil suit that is pending in a court of general jurisdiction, there must be a period of inactivity for a year; however, the precise time is governed by the rules of procedure for that court. Additionally, the time may differ if the case is pending in a "specialty" court, such as Small Claims. Different rules of procedure often apply, including a shortened period of inactivity before the case is subject to dismissal for lack of prosecution.
Wiki User
∙ 13y ago
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Does a lawsuit settle when a motion to dismiss is denied?
No. If the dismissal was denied that means the case will proceed to trial.
What happens when the party threating a law suits dies?
Threatening to sue has no legal weight whatsoever. On the other hand, if the plaintiff in a lawsuit dies, the matter may proceed with the plaintiff's heirs, etc.
If two years have passed and prosecution of 2 criminal complaints has not commenced then how should one proceed?
There's undoubtedly necessary information missing from this question - however - have your attorney file a motion for dismissal.
How do you get your case dismissed?
You refer to yourself as "the Plaintiff." That would indicate that the case is a civil case and NOT a criminal case. If you are truly the plaintiff in a CIVIL case what you can do is withdraw your complaint. The risky part of this is that if you have caused significant expenditure of time, effort, and money on the part of the defendant, YOU could be sued yourself for the recovery of those expenses, and/or run the risk of being charged with malicious prosecution. If you are represented by an attorney, confer with them, that's what you're paying them for.
What does it mean dismissed for want of prosectution?
A dismissal for want of persecution occurs in a divorce case when a plaintiff does not show up for a scheduled hearing. The motion is dismissed rather than assuming the plaintiff wanted to finalize the divorce.
If the victim drop the complaint do the victim still have to testify?
This would be an unusual circumstance, the prosecution usually will not proceed with a reluctant complainant, however, yes, the case could still go ahead. If the state still wishes to proceed with the prosecution they could call the 'victim' to aid in the case.
What does dismissed for failure to prosecute mean?
"Failure to prosecute" basically means that a plaintiff has failed proceed to trial with "due diligence." Rule 41(b) "allows dismissal for the plaintiff's failure to prosecute, [and] is intended as a safeguard against delay in litigation." 9 Wright & Miller, Federal Practice and Procedure: Civil 3d § 2370. Dismissals under 41(b) operate as an "adjudication on the merits," thus precluding further claims on the same facts and law. Furthermore, the court can issue a dismissal for failure to prosecute sua sponte. Link v. Wabach Railroad, 370 U.S. 626. Also, the court can choose to levy fines as a less harsh alternative to dismissal. Cleminshaw Co. v. City of Norwhich, 93 F.R.D. 338.
If your case is Nolle Prosequi should not you have property be returned which was taken as evident IE money cell phone?
Not necessarily. A "nolle" is not a pardon or a dismissal of a charge. It is only a decision by the prosecutor that, for whatever reason, he/she does not wish to proceed with prosecuting you - it doesn't mean the offense never occurred. Unless it was a significant amount of money or a REALLY expensive cellphone I wouldn't push it if I were you. The prosecutor could just decide to re-open the charge and proceed with prosecution.
How does lawsuit financing work?
Lawsuit financing works in the way that funds are provided for lawsuits to those that do not have the means to pay for it. Usually the case will proceed and the financing can be paid off in installments.
What does case dismissed full mean?
it means the case is overAdded: There are SEVERAL types of dismissal.Dismissal WITH prejudice which means the charges cannot be brought again.Dismissal WITHOUT prejudice which means that the charges CAN be brought again.There is also dismissal for want of prosecution, which means that the government failed to proceed against you in a timely manner or with insufficient information.There is one last possibility that some people often refer to as a "dismissal" but actually isn't, and that is a Nolle Prossequi issued by the prosecutor in which, after examining the facts of the case he was presented with, declines to prosecute.It's important to know which specific type of dismissal you received.
If not arraigned nor formally charged just told no new charges is this grounds for dismissal?
The determination of whether grounds for dismissal exist would depend on the specific legal jurisdiction and circumstances surrounding the case. Generally, if a person has not been formally charged or arraigned, it is more difficult for the prosecution to proceed with the case. However, it would be advisable to consult with a criminal defense attorney who can evaluate the details of the situation and provide appropriate legal advice based on the particular jurisdiction and laws at play.
What is a sentence using the word prosecution?
Some examples are: To prosecute is to accuse someone of something or put them on trial. You shouldn't prosecute someone unless you have solid proof.
