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 Blank motion to dismiss form for court is a legal document utilized to request the dismissal of a case based on various grounds. This written plea is presented to the court by the defendant or their attorney, aiming to halt the litigation process. The fillable template provides an organized structure to articulate the argument, grounds, and legal basis for seeking dismissal in a clear and concise manner. There are several types of Blank motion to dismiss forms that one may encounter, depending on the jurisdiction and specific circumstances of the case. Some common variations include: 1. Disjointed/Disjointed of Parties: This type of motion asserts that there is a flaw in the composition of parties involved in the case. It claims that either too many or too few parties are named, impairing the proper adjudication of the matter. 2. Lack of Subject Jurisdiction: This motion questions whether the court has the authority or jurisdiction to hear a particular type of case. It argues that the court lacks the requisite power to adjudicate the subject involved in the lawsuit. 3. Lack of Personal Jurisdiction: This motion asserts that the court does not have jurisdiction over the defendant due to their lack of sufficient contacts or presence within the court's jurisdiction, thereby challenging the court's authority to hear the case. 4. Failure to State a Claim/Insufficient Pleadings: This type of motion contends that the plaintiff's complaint is legally deficient and fails to assert a valid cause of action. It argues that the complaint lacks the necessary facts, elements, or legal basis to support the claims being made. 5. Statute of Limitations: This motion asserts that the plaintiff's claim is time-barred under the applicable statute of limitations. It argues that the plaintiff failed to file the lawsuit within the specified time frame, extinguishing their right to pursue legal action. 6. Res Indicate: This motion argues that the current lawsuit is barred because it involves the same parties, issues, and facts that have already been adjudicated by a court. It asserts that the principle of res judicata, also known as claim preclusion, prohibits the relitigation of the same matter. 7. Failure to State a Legal Duty: This type of motion asserts that the defendant did not have a legal duty to the plaintiff, meaning they were not obligated to act in a certain way or were not responsible for any harm caused. 8. Improper Venue: This motion contends that the case should be dismissed or transferred to a different court due to improper venue. It argues that the current court is not the proper location or geographic jurisdiction to hear the case. When utilizing a Blank motion to dismiss form, it is crucial to tailor its contents to match the specific grounds and legal arguments being raised. Consulting with a knowledgeable attorney is highly recommended ensuring accuracy and adherence to the relevant laws and procedures governing the court in question.A Blank motion to dismiss form for court is a legal document utilized to request the dismissal of a case based on various grounds. This written plea is presented to the court by the defendant or their attorney, aiming to halt the litigation process. The fillable template provides an organized structure to articulate the argument, grounds, and legal basis for seeking dismissal in a clear and concise manner. There are several types of Blank motion to dismiss forms that one may encounter, depending on the jurisdiction and specific circumstances of the case. Some common variations include: 1. Disjointed/Disjointed of Parties: This type of motion asserts that there is a flaw in the composition of parties involved in the case. It claims that either too many or too few parties are named, impairing the proper adjudication of the matter. 2. Lack of Subject Jurisdiction: This motion questions whether the court has the authority or jurisdiction to hear a particular type of case. It argues that the court lacks the requisite power to adjudicate the subject involved in the lawsuit. 3. Lack of Personal Jurisdiction: This motion asserts that the court does not have jurisdiction over the defendant due to their lack of sufficient contacts or presence within the court's jurisdiction, thereby challenging the court's authority to hear the case. 4. Failure to State a Claim/Insufficient Pleadings: This type of motion contends that the plaintiff's complaint is legally deficient and fails to assert a valid cause of action. It argues that the complaint lacks the necessary facts, elements, or legal basis to support the claims being made. 5. Statute of Limitations: This motion asserts that the plaintiff's claim is time-barred under the applicable statute of limitations. It argues that the plaintiff failed to file the lawsuit within the specified time frame, extinguishing their right to pursue legal action. 6. Res Indicate: This motion argues that the current lawsuit is barred because it involves the same parties, issues, and facts that have already been adjudicated by a court. It asserts that the principle of res judicata, also known as claim preclusion, prohibits the relitigation of the same matter. 7. Failure to State a Legal Duty: This type of motion asserts that the defendant did not have a legal duty to the plaintiff, meaning they were not obligated to act in a certain way or were not responsible for any harm caused. 8. Improper Venue: This motion contends that the case should be dismissed or transferred to a different court due to improper venue. It argues that the current court is not the proper location or geographic jurisdiction to hear the case. When utilizing a Blank motion to dismiss form, it is crucial to tailor its contents to match the specific grounds and legal arguments being raised. Consulting with a knowledgeable attorney is highly recommended ensuring accuracy and adherence to the relevant laws and procedures governing the court in question.
