Sample Letter for Motion to Dismiss for Want of Prosecution in Texas [Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Recipient Name] [Recipient's Position] [Court Address] [City, State, Zip Code] Re: Motion to Dismiss for Want of Prosecution — Case No. [Case Number] Dear [Recipient name], I am writing to submit a Motion to Dismiss for Want of Prosecution in the above-mentioned case, pursuant to the Texas Civil Practice and Remedies Code, Rule 165a. I kindly ask that you bring this motion to the attention of the presiding judge and schedule a hearing in accordance with the court's guidelines. Keywords: Texas, Motion to Dismiss for Want of Prosecution, Sample Letter, Civil Procedure, Rule 165a. I. Introduction State the purpose of the letter clearly, mentioning the specific motion to dismiss for want of prosecution in the case. Emphasize that the motion is being filed in accordance with Texas Civil Practice and Remedies Code, Rule 165a. II. Case Background Provide a concise summary of the relevant facts and procedural history of the case. Discuss any significant delays or lack of prosecution by the opposing party that justifies the filing of this motion. III. Legal Basis Clearly explain the legal basis for the motion, referencing Texas Civil Practice and Remedies Code, Rule 165a. Mention that a dismissal for want of prosecution may be appropriate when there has been an extended period of inactivity or lack of progress in the case, without any reasonable justification. IV. Supporting Arguments Highlight the specific reasons for filing the motion, including: 1. Lengthy Period of Inactivity: Describe the significant period during which there has been a lack of progress in the case, without any valid explanation or justifiable cause. 2. Prejudice to the Moving Party: Explain how the lack of prosecution has caused prejudice to your client, such as increased litigation costs, harm to reputation, or the inability to pursue other legal remedies. 3. Dilatory Conduct: If applicable, discuss any evidence indicating deliberate delay or dilatory conduct on the part of the opposing party. V. Relief Requested Clearly state the relief sought, which is the dismissal of the case for want of prosecution. Request the court to schedule a hearing on the motion at the earliest convenience. VI. Conclusion Thanks the recipient for their attention to this matter and request confirmation of receipt of the motion. Provide your contact information for any additional inquiries. Sincerely, [Your Name]
Texas Sample Letter for Motion to Dismiss for Want of Prosecution
Description
How to fill out Texas Sample Letter For Motion To Dismiss For Want Of Prosecution?
US Legal Forms - one of several biggest libraries of lawful varieties in the States - offers an array of lawful file templates you can obtain or print out. Making use of the internet site, you can find a large number of varieties for company and personal reasons, sorted by classes, says, or key phrases.You can find the newest variations of varieties just like the Texas Sample Letter for Motion to Dismiss for Want of Prosecution within minutes.
If you already possess a registration, log in and obtain Texas Sample Letter for Motion to Dismiss for Want of Prosecution in the US Legal Forms local library. The Down load button will appear on every single form you view. You gain access to all previously acquired varieties from the My Forms tab of your own accounts.
If you want to use US Legal Forms for the first time, here are easy instructions to help you started:
- Be sure you have picked the correct form for the area/county. Click on the Review button to analyze the form`s articles. Read the form information to ensure that you have selected the proper form.
- In case the form doesn`t match your needs, utilize the Search field on top of the display to discover the the one that does.
- If you are pleased with the form, affirm your selection by visiting the Buy now button. Then, pick the prices strategy you prefer and offer your qualifications to sign up to have an accounts.
- Procedure the transaction. Use your charge card or PayPal accounts to complete the transaction.
- Select the file format and obtain the form on your gadget.
- Make adjustments. Complete, edit and print out and indication the acquired Texas Sample Letter for Motion to Dismiss for Want of Prosecution.
Every single format you included with your bank account lacks an expiry day and is also the one you have permanently. So, in order to obtain or print out yet another backup, just proceed to the My Forms section and click on on the form you need.
Gain access to the Texas Sample Letter for Motion to Dismiss for Want of Prosecution with US Legal Forms, probably the most comprehensive local library of lawful file templates. Use a large number of specialist and condition-particular templates that meet up with your company or personal requires and needs.
Form popularity
FAQ
When the court feels that there has been a lack of progress in the case, they may issue a dismissal for want of prosecution. This essentially means that the plaintiff (the person who initiated the suit) has done nothing to move the case forward in a timely manner.
?Dismissed for want of prosecution? or DWOP means your case is dismissed by the judge because nothing has happened in your case for a while or you missed a hearing or trial (of which you had notice).
The notice means that the court where the lawsuit was pending has dismissed the case against you. Another way of saying dismissed in the context of a court action is to say tossed out. If a creditor's case against you has been dismissed, it's been tossed out by the court.
Dismissed for want of jurisdiction - the Court lacks jurisdiction to decide the question on which certiorari was granted. Remanded - send back the matter to the court from which it was appealed.
If your case is not progressing for one reason or another, then the court may schedule a DWOP hearing. it's a hearing where you must show that there has been activity on the case, otherwise the case will be dismissed.
Dismissal for Want of Prosecution. The court shall reinstate the case upon finding after a hearing that the failure of the party or his attorney was not intentional or the result of conscious indifference but was due to an accident or mistake or that the failure has been otherwise reasonably explained.
3 Time for Motion and Ruling. A motion to dismiss must be: (a) filed within 60 days after the first pleading containing the challenged cause of action is served on the movant; (b) filed at least 21 days before the motion is heard; and (c) granted or denied within 45 days after the motion is filed.
Legal action has been terminated and the state is not moving forward with the prosecution ? at least for now. A case can be dismissed at any time during the process, including before trial, during trial, or even after trial (if a convicted defendant wins on appeal.)
