Dear [Judge's Name], I am writing this letter to bring to your attention a motion to dismiss for want of prosecution in the case of [Case Name]. I am representing the defendant [Defendant's Name] in this matter. The purpose of this motion is to request the dismissal of the case due to the lack of prosecution on the part of the plaintiff. Despite the passage of a significant amount of time since the filing of the complaint, the plaintiff has failed to make any significant progress in advancing this case. This lack of prosecution not only violates the Louisiana Rules of Civil Procedure but also denies the defendant their constitutional right to a speedy and fair trial. Under Louisiana law, the plaintiff has an obligation to diligently prosecute the case once it has been filed. However, it is evident from the lack of activity or progress on the part of the plaintiff that they have failed to meet this obligation. The docket reveals no recent filings, hearings, or requests for extensions, demonstrating a clear pattern of inaction. This lack of action has resulted in an unreasonable delay in the resolution of this case, causing unnecessary strain on the defendant. Furthermore, it is worth noting that numerous attempts to contact the plaintiff or their legal representation have been made, yet our efforts have gone unanswered. We have made diligent attempts to engage in settlement discussions or gather relevant information, but the plaintiff has consistently been nonresponsive. As a result, it is clear that the plaintiff has lost interest in pursuing this matter and has abandoned the case. According to Louisiana law, a motion to dismiss for want of prosecution may be granted if the plaintiff fails to diligently prosecute within a reasonable period of time and the defendant suffers prejudice as a result. In this case, the plaintiff's lack of action has clearly caused significant prejudice to the defendant by subjecting them to unnecessary anxiety, financial burden, and prolonged uncertainty. In light of the aforementioned circumstances, we respectfully request that this honorable court grant our motion to dismiss for want of prosecution. The defendant should not be forced to endure further delay or expense due to the plaintiff's lack of commitment to this case. Justice can only be served by dismissing this matter and allowing the defendant to move forward without the unjust burden of an unresolved lawsuit. Thank you for your attention to this matter, and we eagerly await your ruling on this motion to dismiss for want of prosecution. Sincerely, [Your Name] [Your Title/Position] [Your Law Firm]
Louisiana Sample Letter for Motion to Dismiss for Want of Prosecution
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How to fill out Louisiana Sample Letter For Motion To Dismiss For Want Of Prosecution?
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FAQ
701. Right to a speedy trial. A. The state and the defendant have the right to a speedy trial.
When a case is dismissed for want of prosecution, it means that the plaintiff failed to take some required action in the case, such as appearing for a court date, and as a result, the defendant won by default. The dismissal can be reversed, however, through a process known as reinstating the case.
By definition, a dismissal for want of prosecution occurs when a case is dropped because the plaintiff failed to take necessary and required actions in a timely manner. There are a number of reasons why this might happen. In some cases, the plaintiff simply forgot about the case or was too busy to deal with it.
Because the prosecutor filed the charge, they also have the discretion to dismiss it if they believe the facts and circumstances warrant it. Likewise, a judge can dismiss the case if they find no legal basis for the charge, if the defendant's rights have been violated, or if the state has failed to prove its case.
Dismiss refers to the court's decision to terminate a court case without imposing liability on the defendant. The court may dismiss a case in response to a defendant's motion to dismiss or do so sua sponte (voluntarily).
Section R3216 - Want of prosecution (a) Where a party unreasonably neglects to proceed generally in an action or otherwise delays in the prosecution thereof against any party who may be liable to a separate judgment, or unreasonably fails to serve and file a note of issue, the court, on its own initiative or upon ...
(e) Dismissal for want of prosecution; recommencement. Any action in which no written order is taken for a period of five years shall automatically stand dismissed, with costs to be taxed against the party plaintiff. For the purposes of this Code section, an order of continuance will be deemed an order.
A Motion to Dismiss is a request for the court to throw out a charge or charges against a defendant. It is a pretrial motion, heard by a judge. There is no jury involved. When a defendant files a Motion to Dismiss, they argue there is a problem with the legal basis of the charge and it should not proceed to trial.
