West Virginia 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] [Recipient's Name] [Recipient's Title] [Court Name] [Court Address] [City, State, Zip Code] Subject: Motion to Dismiss for Want of Prosecution — Case No. [Case Number] Dear [Recipient's Name], I hope this letter finds you in good health and high spirits. I am writing to respectfully file a Motion to Dismiss for Want of Prosecution in the above-referenced case. As the plaintiff has failed to actively pursue this case for an extensive period, it is evident that the prosecution lacks the necessary diligence and impetus to bring this matter to a fair and swift resolution. Therefore, I kindly request the court's intervention in dismissing this case. I. Background: To provide the court with a clear understanding of the chronology of events in this case, I present the following relevant facts: 1. Case Initiation: This case was initiated on [Date], when the plaintiff filed the complaint against me alleging [Briefly mention the nature of the allegations]. 2. Period of Inactivity: Subsequently, there has been an extended period of inactivity with no significant progress made by the plaintiff in pursuing this case. [Provide specific details if available, such as dates of hearings, lack of communication from the plaintiff, or unfulfilled court orders.] II. Legal Basis: According to the West Virginia Rules of Civil Procedure, specifically Rule ___, a party has the responsibility to diligently prosecute its claims. Failure to do so can result in the dismissal of the case. Additionally, under Rule ___, a case may be dismissed for want of prosecution upon a motion by the defendant. III. Request for Relief: Based on the aforementioned facts and applicable laws, I respectfully request the court to grant the following relief: 1. Dismissal of the Case: I request the court to dismiss this case due to the plaintiff's failure to diligently prosecute the claims. 2. Costs and Fees: Should the court grant this motion, I request that the plaintiff be liable for all costs and fees incurred by the defendant as a result of their failure to prosecute. IV. Conclusion: In conclusion, the lack of progress and inactivity by the plaintiff in this case necessitates the filing of this Motion to Dismiss for Want of Prosecution. It is my belief that the court's intervention is appropriate to ensure a fair and efficient judicial process. I trust that the court will consider this motion in accordance with the applicable laws and rules. Thank you for your attention to this matter. I have enclosed a copy of this motion for your records. Should you require any additional information or documentation, please do not hesitate to contact me. I look forward to the court's swift resolution of this matter. Sincerely, [Your Name]

[Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Title] [Court Name] [Court Address] [City, State, Zip Code] Subject: Motion to Dismiss for Want of Prosecution — Case No. [Case Number] Dear [Recipient's Name], I hope this letter finds you in good health and high spirits. I am writing to respectfully file a Motion to Dismiss for Want of Prosecution in the above-referenced case. As the plaintiff has failed to actively pursue this case for an extensive period, it is evident that the prosecution lacks the necessary diligence and impetus to bring this matter to a fair and swift resolution. Therefore, I kindly request the court's intervention in dismissing this case. I. Background: To provide the court with a clear understanding of the chronology of events in this case, I present the following relevant facts: 1. Case Initiation: This case was initiated on [Date], when the plaintiff filed the complaint against me alleging [Briefly mention the nature of the allegations]. 2. Period of Inactivity: Subsequently, there has been an extended period of inactivity with no significant progress made by the plaintiff in pursuing this case. [Provide specific details if available, such as dates of hearings, lack of communication from the plaintiff, or unfulfilled court orders.] II. Legal Basis: According to the West Virginia Rules of Civil Procedure, specifically Rule ___, a party has the responsibility to diligently prosecute its claims. Failure to do so can result in the dismissal of the case. Additionally, under Rule ___, a case may be dismissed for want of prosecution upon a motion by the defendant. III. Request for Relief: Based on the aforementioned facts and applicable laws, I respectfully request the court to grant the following relief: 1. Dismissal of the Case: I request the court to dismiss this case due to the plaintiff's failure to diligently prosecute the claims. 2. Costs and Fees: Should the court grant this motion, I request that the plaintiff be liable for all costs and fees incurred by the defendant as a result of their failure to prosecute. IV. Conclusion: In conclusion, the lack of progress and inactivity by the plaintiff in this case necessitates the filing of this Motion to Dismiss for Want of Prosecution. It is my belief that the court's intervention is appropriate to ensure a fair and efficient judicial process. I trust that the court will consider this motion in accordance with the applicable laws and rules. Thank you for your attention to this matter. I have enclosed a copy of this motion for your records. Should you require any additional information or documentation, please do not hesitate to contact me. I look forward to the court's swift resolution of this matter. Sincerely, [Your Name]