[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Position] [Prosecuting Attorney Office] [Address] [City, State, ZIP Code] Subject: Motion to Dismiss for Want of Prosecution Dear [Recipient's Name], I hope this letter finds you well. I am writing to address the lack of progress and the prolonged delay in the prosecution of the case [Case Number] currently pending against my client, [Your Client's Name]. I hereby submit this Motion to Dismiss for Want of Prosecution and request that the court dismiss the aforementioned case based on the following grounds. 1. Failure to Prosecute: It has come to my attention that the prosecution has failed to move forward with proceedings in a timely manner. Despite considerable time passing since the initial filing, no significant advancements have been made in the case. This delay has resulted in unnecessary hardship for my client and constitutes a violation of their constitutional rights to a speedy trial. 2. Lack of Communication: Throughout the duration of this case, there has been a distinct lack of communication between the prosecution's office and me. Despite my attempts to contact the assigned prosecutor, [Prosecutor's Name], in order to discuss the case and potentially resolve any outstanding issues, my efforts have been met with silence. 3. Prejudice to the Defense: The ongoing delay and lack of prosecution pose significant prejudice to my client. With each passing day, my client's ability to mount an effective defense becomes increasingly compromised. Witnesses may become unavailable, memories may fade, and evidence may degrade or be lost. This prejudice undermines the fair administration of justice and warrants the immediate dismissal of the case. Based on the aforementioned grounds, I respectfully request the court to dismiss the case [Case Number] for Want of Prosecution. The swift resolution of this matter is crucial to ensure a fair and timely trial, as guaranteed by the Constitution. Moreover, it will prevent further undue hardship on my client who has already endured a significant delay. Should you require any additional information or wish to discuss any potential progress in this case, please do not hesitate to contact me. I sincerely hope that we can resolve this matter swiftly and amicably. Thank you for your attention to this matter. Sincerely, [Your Name] [Your Law Firm Name] (if applicable) [Your Bar Association Number] (if applicable)
Iowa Sample Letter for Motion to Dismiss for Want of Prosecution
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FAQ
An attorney can issue a subpoena without a court file being opened, but if the clerk issues a blank subpoena, a court file must be opened and will collect a $50 fee. Rule 1.1702(5). A court file will also be opened for any motions relating to the subpoena and the clerk will collect a $50 fee then as well.
944(1) It is the declared policy that in the exercise of reasonable diligence every civil and special action, except under unusual circumstances, shall be brought to issue and tried within one year from the date it is filed and docketed and in most instances within a shorter time.
P. 1.943. A party may, without order of court, dismiss that party's own petition, counterclaim, cross-claim, cross-petition or petition of intervention, at any time up until ten days before the trial is scheduled to begin.
All motions for continuance in a case set for trial shall be signed by counsel, if any, and approved in writing by the party represented, unless such approval is waived by court order.
Iowa Rule of Civil Procedure 1.944, ?Uniform Rule for Dismissal for Want of Prosecution,? is designed to move cases through the court system. Rule 1.944 states that all civil actions shall be tried within one year from the date they are filed.
In ordering discovery of such materials when the required showing has been made, the court shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation.
In addition, rule 1.943 allows for voluntary dismissal of the plaintiff's petition without prejudice once as a matter of right. Id. r. 1.943.
