South Dakota 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] [Judge's Designation] [Name of the Court] [Court's Address] [City, State, ZIP Code] Re: [Case Name and Number] Dear [Judge's Last Name], I hope this letter finds you well. I am writing to bring to your attention the lack of prosecution in the aforementioned case and respectfully request the granting of a motion to dismiss for want of prosecution. As the [defense/plaintiff] in this case, I believe that the circumstances of the lack of prosecution warrant its dismissal. I would like to provide a detailed description of the current situation and relevant occurrences: 1. Initial Filing: The case was first filed on [Date] by [Plaintiff Name]. The basis for their claim was [Briefly mention the basis or nature of the claim]. 2. Timelines: However, since filing the initial complaint, no significant progress has been made in the case. There have been no hearings scheduled or attended, and [Plaintiff/Defendant] has failed to conduct any essential discovery or take necessary steps to move the case forward. 3. Lack of Communication: Despite several attempts from our legal team to communicate with the opposing party regarding the lack of progress, we have yet to receive any response or indication of their intentions to proceed. 4. Unreasonable Delay: The plaintiff's lack of action has resulted in an unjustifiable delay, causing unnecessary burden and financial strain on our client. [If applicable, mention any specific adverse effects that this delay has caused on your client] 5. Failure to Prosecute: Pursuant to the rules of civil procedure and specific laws of South Dakota, it is the duty of both parties involved in a case to actively pursue its resolution. The plaintiff has failed to fulfill this obligation, despite being given ample time and opportunities to do so. Considering these circumstances, we respectfully request that the court grant our motion to dismiss for want of prosecution. This dismissal would be in the interest of justice, as it would prevent further undue burden on our client and uphold the principles of effective judicial administration. We assure the court that our client has complied diligently with all required procedures and is ready to proceed if the plaintiff decides to actively pursue the case in the future. We trust that the court will carefully consider our motion and take appropriate action to ensure a fair and efficient administration of justice. Thank you for your attention to this matter. Should you require any additional information or documentation, please do not hesitate to contact me. Sincerely, [Your Name]

[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Name of the Court] [Court's Address] [City, State, ZIP Code] Re: [Case Name and Number] Dear [Judge's Last Name], I hope this letter finds you well. I am writing to bring to your attention the lack of prosecution in the aforementioned case and respectfully request the granting of a motion to dismiss for want of prosecution. As the [defense/plaintiff] in this case, I believe that the circumstances of the lack of prosecution warrant its dismissal. I would like to provide a detailed description of the current situation and relevant occurrences: 1. Initial Filing: The case was first filed on [Date] by [Plaintiff Name]. The basis for their claim was [Briefly mention the basis or nature of the claim]. 2. Timelines: However, since filing the initial complaint, no significant progress has been made in the case. There have been no hearings scheduled or attended, and [Plaintiff/Defendant] has failed to conduct any essential discovery or take necessary steps to move the case forward. 3. Lack of Communication: Despite several attempts from our legal team to communicate with the opposing party regarding the lack of progress, we have yet to receive any response or indication of their intentions to proceed. 4. Unreasonable Delay: The plaintiff's lack of action has resulted in an unjustifiable delay, causing unnecessary burden and financial strain on our client. [If applicable, mention any specific adverse effects that this delay has caused on your client] 5. Failure to Prosecute: Pursuant to the rules of civil procedure and specific laws of South Dakota, it is the duty of both parties involved in a case to actively pursue its resolution. The plaintiff has failed to fulfill this obligation, despite being given ample time and opportunities to do so. Considering these circumstances, we respectfully request that the court grant our motion to dismiss for want of prosecution. This dismissal would be in the interest of justice, as it would prevent further undue burden on our client and uphold the principles of effective judicial administration. We assure the court that our client has complied diligently with all required procedures and is ready to proceed if the plaintiff decides to actively pursue the case in the future. We trust that the court will carefully consider our motion and take appropriate action to ensure a fair and efficient administration of justice. Thank you for your attention to this matter. Should you require any additional information or documentation, please do not hesitate to contact me. Sincerely, [Your Name]