Mississippi Sample Letter for Motion to Dismiss for Want of Prosecution

• Category: Letters - Legal - Motions
• State: Multi-State
• Control #: US-0932LTR
• Format: Word; Rich Text

Description

This form is a sample letter in Word format covering the subject matter of the title of the form. [Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Judge's Name] [Court Name] [Court Address] [City, State, Zip Code] Re: Case Number [Case Number] Dear Honorable [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing to submit a Motion to Dismiss for Want of Prosecution in the case mentioned above. Your Honor, I first extend my gratitude for your continued dedication to the fair and efficient administration of justice. As an attorney representing the defendant in this case, it is my duty to ensure that due process is upheld and that justice is served. With this motion, I seek the dismissal of the case on the grounds of want of prosecution by the plaintiff. The concept of want of prosecution refers to the failure of the plaintiff to progress the case and bring it to a meaningful conclusion. It is crucial to note that a defendant's right to a speedy trial, protected by the Sixth Amendment of the United States Constitution and corresponding provisions in the Mississippi Constitution, should not be violated due to undue delays caused by the plaintiff's inaction. The plaintiff's failure to diligently prosecute this case has resulted in significant prejudice to the defendant. Since the commencement of this case on [Date of Commencement], there have been multiple continuances requested by the plaintiff, requiring the defendant's time, resources, and attention. However, despite ample time being granted, the plaintiff has failed to present any evidence or proceed with the next steps of the litigation process. It is important to emphasize that the plaintiff's lack of diligent prosecution is not due to any reasons beyond their control. The delays have been solely a result of their failure to meet deadlines, respond to correspondence, or provide satisfactory reasons for their inaction. Your Honor, the Supreme Court of Mississippi has held that dismissal for want of prosecution is an extraordinary measure, but it is intended to prevent the protracted pendency of unresolved cases. In the interest of justice and fairness, I kindly request that this case be dismissed with prejudice, thereby preventing the plaintiff from refiling the same claim in the future. In light of the circumstances, I have attached supporting documents to illustrate the numerous instances of the plaintiff's lack of diligence and the resulting prejudice suffered by the defendant. I appreciate your attention to this matter and remain at your disposal to provide any additional information or clarification that may assist you in rendering a just decision in this case. Thank you for considering this motion, and I eagerly await your ruling. Yours sincerely, [Your Name] [Your Bar Number] [Your Law Firm] [Law Firm Address] [City, State, Zip Code]

[Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Judge's Name] [Court Name] [Court Address] [City, State, Zip Code] Re: Case Number [Case Number] Dear Honorable [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing to submit a Motion to Dismiss for Want of Prosecution in the case mentioned above. Your Honor, I first extend my gratitude for your continued dedication to the fair and efficient administration of justice. As an attorney representing the defendant in this case, it is my duty to ensure that due process is upheld and that justice is served. With this motion, I seek the dismissal of the case on the grounds of want of prosecution by the plaintiff. The concept of want of prosecution refers to the failure of the plaintiff to progress the case and bring it to a meaningful conclusion. It is crucial to note that a defendant's right to a speedy trial, protected by the Sixth Amendment of the United States Constitution and corresponding provisions in the Mississippi Constitution, should not be violated due to undue delays caused by the plaintiff's inaction. The plaintiff's failure to diligently prosecute this case has resulted in significant prejudice to the defendant. Since the commencement of this case on [Date of Commencement], there have been multiple continuances requested by the plaintiff, requiring the defendant's time, resources, and attention. However, despite ample time being granted, the plaintiff has failed to present any evidence or proceed with the next steps of the litigation process. It is important to emphasize that the plaintiff's lack of diligent prosecution is not due to any reasons beyond their control. The delays have been solely a result of their failure to meet deadlines, respond to correspondence, or provide satisfactory reasons for their inaction. Your Honor, the Supreme Court of Mississippi has held that dismissal for want of prosecution is an extraordinary measure, but it is intended to prevent the protracted pendency of unresolved cases. In the interest of justice and fairness, I kindly request that this case be dismissed with prejudice, thereby preventing the plaintiff from refiling the same claim in the future. In light of the circumstances, I have attached supporting documents to illustrate the numerous instances of the plaintiff's lack of diligence and the resulting prejudice suffered by the defendant. I appreciate your attention to this matter and remain at your disposal to provide any additional information or clarification that may assist you in rendering a just decision in this case. Thank you for considering this motion, and I eagerly await your ruling. Yours sincerely, [Your Name] [Your Bar Number] [Your Law Firm] [Law Firm Address] [City, State, Zip Code]