This Day This Cause Came on to Be Heard on the Motion of the Clerk to Dismiss for Want Form
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People also ask
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What does order of dismissal for want of prosecution mean?
Dismissal for want of prosecution refers to the termination of a legal case due to the failure of the plaintiff to actively pursue or prosecute the case within a specified period of time. This dismissal is typically granted by the court upon the defendant's request or on the court's own motion.
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What is the meaning of request for dismissal?
REQUEST FOR DISMISSAL Definition & Legal Meaning a term for asking the court to terminate or dismiss a case. usually asked for by the attorney for the defendant.
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What is the rule 41 motion to dismiss?
Federal Rule 41(a) permits voluntary dismissal without court approval only up until the filing of the answer or a motion for summary judgment; in Maine such voluntary dismissal may come as late as the eve of trial, at a time when other parties may have expended great time and effort as to the plaintiff or the defendant ...
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What is the purpose of a motion?
A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony.
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What are the grounds for motion to dismiss in Massachusetts?
Rule 41(b)(2) provides for involuntary dismissal upon motion of the defendant on one of two grounds: (1) failure to comply with the rules or any order of the court; or (2) in an action tried without a jury, if, upon the facts and the law, the plaintiff has shown no right to relief.
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What is a motion to dismiss?
A motion to dismiss is a written request by a defendant asking the Court to dispose of some or all the claims raised in the Complaint before the case can move forward in the litigation process. The Defendant has 21 days to file an Answer, or otherwise respond to the Complaint.
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What happens when a motion is denied?
When a motion is denied, it means the court has rejected the request made in the motion, finding it lacks sufficient merit or legal basis. This decision prevents the requested action or ruling from being implemented in the case.
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What is an example of a motion?
We can define motion as the change of position of an object with respect to time. A book falling off a table, water flowing from the tap, rattling windows, etc., all exhibit motion. Even the air that we breathe exhibits motion!
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