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 by the defendant to dismiss with prejudice for failure to prosecute is a legal document that is filed in an Arkansas court when the defendant believes that the plaintiff has failed to actively pursue the case and meet the necessary deadlines and requirements. This motion serves as a request to the court to dismiss the case permanently (with prejudice), barring the plaintiff from initiating legal actions on the same grounds in the future. In Arkansas, there are a few different types of motions by defendants to dismiss with prejudice for failure to prosecute, each applicable in specific scenarios. These include: 1. Arkansas Rule of Civil Procedure 41(b) Motion by Defendant to Dismiss with Prejudice for Failure to Prosecute: This type of motion is filed when the defendant alleges that the plaintiff has unreasonably neglected the prosecution of the case, causing unjust delays or prejudice to the defendant's rights. The defendant argues that the case should be dismissed with prejudice due to the plaintiff's failure to move forward. 2. Arkansas Rule of Criminal Procedure 28.2© Motion by Defendant to Dismiss with Prejudice for Failure to Prosecute: This motion is relevant in criminal cases and is filed by the defendant when they believe that the prosecution has not made reasonable efforts to pursue the case, resulting in undue delays or prejudicing the defendant's rights. The defendant seeks the dismissal of charges with prejudice, ensuring they cannot be refiled. 3. Arkansas Rule of Civil Procedure 37(d) Motion by Defendant to Dismiss with Prejudice for Failure to Prosecute: This motion is typically utilized during the discovery phase of a civil case. If the defendant believes that the plaintiff has failed to comply with discovery obligations, such as not providing requested documents or not showing up for depositions, they may file this motion to request the court to dismiss the case with prejudice, asserting that the plaintiff's non-compliance has impeded the defendant's ability to mount a defense. In summary, a motion to dismiss with prejudice for failure to prosecute in Arkansas is a legal action taken by a defendant to seek the permanent dismissal of a case due to the plaintiff's unreasonable delays, negligence in prosecution, or failure to fulfill their obligations. These motions can be filed under specific rules of civil or criminal procedures, depending on the nature of the case and the stage of litigation where the failure to prosecute becomes evident.
