What if service was defective?

If service is defective, the court may deny dismissal. File a corrective proof of service or seek an extension to cure defects and give the court evidence of proper notice.

Can I e-sign the proposed order?

Many courts accept electronically signed affidavits and proposed orders, subject to local rules and ESIGN/UETA compliance; confirm the clerk’s e-filing guidelines first.

How do I show failure to prosecute?

Attach declarations or docket entries showing inactivity, missed dates, or unfulfilled discovery, and cite local rules permitting dismissal for inactivity.

Will dismissal be with prejudice?

Relief can be with or without prejudice; explicitly request the desired disposition and explain why dismissal with or without prejudice is appropriate.

What if the judge declines to sign?

If the judge declines, consider requesting a hearing or refiling with additional evidence; preserve issues for appeal if legal error occurs.

How long should I retain these records?

Keep filings and signed orders for the case lifespan plus at least three years post-closure; retain PHI-related items for six years per HIPAA where applicable.

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Motion and Order to Dismiss for Failure

Motion and Order to Dismiss for Failure

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

MOTION AND ORDER TO DISMISS FOR FAILURE TO PROSECUTE TIMELY

STATE OF LOUISIANA

VS

:

: PARISH OF LOUISIANA

: DOCKET NO.

NOW INTO COURT, through undersigned counsel, comes defendant, who respectfully suggests the following:

1.

Your defendant, was arrested on 20 on the charge of

2.

Your defendant was arrested in excess of two (2) years and at no time during that period was she arraigned or been to trial on the charges pending against her.

3.

The suspension of time limitation as stated in C.Cr.Pr. Article 580 does not apply in this situation.

4.

The District Attorney=s Office has failed to prosecute on the time limitations pursuant to C.Cr.Pr. Article 578, and your defendant hereby moves that this action be dismissed.

WHEREFORE, your defendant, prays that the Parish Sheriff and the State of Louisiana through the Office of the District Attorney for the Parish of show cause at a contradictory hearing scheduled for the day of 20 at o=clock .M. why the charges pending against her should not be dismissed for failure to prosecute timely pursuant to C.Cr.Pr. Article 578.

Respectfully Submitted,

Attorney for Defendant

ORDER

Considering the foregoing Motion:

IT IS ORDERED, ADJUDGED AND DECREED that the Parish Sheriff and the State of Louisiana through the Office of the District Attorney for the Parish of show cause at a contradictory hearing scheduled for the day of 20 at o=clock .M. why the charges pending against your defendant, should not be dismissed for failure to prosecute timely pursuant to C.Cr.Pr. Article 578.

SIGNED this day of 20 at , Parish, Louisiana.

DISTRICT JUDGE

PLEASE SERVE:

What the Motion and Order to Dismiss for Failure Does

A Motion and Order to Dismiss for Failure is a paired court filing where a party asks the court to terminate a case or specific claims because an adverse party failed to take a required step — for example, to prosecute the action, to appear at a hearing, to serve process, or to comply with court orders. The motion explains the procedural default and cites local rules or case law; the proposed order provides the judge with a ready-to-sign form that disposes of the matter if the court agrees. Use precise facts, accurate service information, and adherence to local filing protocols to avoid procedural rejection.

Why use a Motion and Order to Dismiss for Failure

This document enforces procedural rules, conserves judicial resources, and provides a formal remedy when an opposing party does not meet court deadlines or obligations. It creates a clear administrative path to case termination while preserving the moving party's record for appeal or re-filing if required.

Who prepares and signs this motion

For contested or high-stakes matters, consider attorney review to ensure factual sufficiency, correct local rule citations, and proper service before submitting to the court.

Private attorneys representing plaintiffs or defendants seeking dismissal for noncompliance or abandonment.
Pro se litigants preparing a motion when an opponent fails to appear or prosecute.
Clerks or court staff generating a proposed order for judicial signature after a procedural default.

Step-by-step: Preparing and filing the motion

Follow these sequential actions to prepare a compliant motion and order for dismissal.

01

Draft Motion: State grounds, facts, and requested relief clearly.
02

Attach Evidence: Include declarations, service proofs, and prior orders.
03

Prepare Proposed Order: Include signature line, judge name, and clear disposition language.
04

File and Serve: E-file per court rules and serve opposing counsel or parties.

Configure the online workflow when using eFiling and eSign

Set up the document, signer roles, and authentication to match court filing and service requirements before sending or e-filing.

Field	Configuration
Document Format	PDF/A preferred; ensure editable fields flattened if required.
Signer Roles	Movant, opposing counsel, and optional clerk signature roles.
Authentication	Use email + SMS code or stronger ID verification where required.
Retention	Enable audit trail and store a certified copy after filing.

Where and how to file or submit the document

Identify the correct court clerk, choose e-filing or physical filing, and comply with local service rules for notice to other parties.

Local Court Clerk: Confirm county or district clerk acceptance procedures.
E-Filing System: Use court-approved e-filing portal when permitted.
Service Method: Serve opposing parties per local rules: electronic, mail, or personal.
Proposed Order: Submit as a separate proposed order for judicial signature.

Digital signing and eSubmission considerations

Where courts accept electronic filings, preserving an unalterable signed PDF and a robust audit trail increases acceptance probability and evidentiary weight.

Output Format: Produces PDF/A and audit-ready PDFs.
Audit Trail: Captures IP, timestamp, and signer events.
Integrations: Connects with e-filing portals and document management.

Required case and security information

Case Number: Exact court file number.

Party Names: Full legal names of all parties.

Service Dates: Dates and methods of service.

Supporting Declarations: Signed proof of service and declarations.

Proposed Order: Judge-ready order for signature.

Audit Trail: Timestamp and signer identity records.

Common mistakes to avoid when preparing the motion

Leaving the case caption or file number incomplete, which can cause clerk rejection or misfiling and delay judicial review.
Failing to attach proof of service or a declaration establishing the opposing party’s default or noncompliance.
Submitting a proposed order that conflicts with the motion text or lacks the judge’s signature block and signature lines.
Relying on general language rather than citing the specific local rule or procedural authority supporting dismissal.

Consequences of an incorrect or premature dismissal motion

Motion Denial: Court may deny the motion without prejudice.

Sanctions Risk: Clerks or judges may impose monetary or other sanctions.

Refile Delay: Incorrect filing can delay ultimate relief.

Appeal Complexity: Unclear orders complicate appellate review.

Service Defect: Improper service may void dismissal.

Record Gaps: Missing evidence weakens enforcement of the order.

Typical deadlines and local rule timing to watch

Deadlines vary by jurisdiction; confirm local rules and standing orders before filing to ensure timely response and proper notice.

Response Time:

Commonly 14 or 21 days to respond; see local civil rule and Federal Rule 12(a).

Hearing Schedule:

Courts often set hearings 21–60 days after service of the motion.

Service Deadline:

Proof of service must be filed promptly; some courts require filing within days of service.

Proposed Order Filing:

Submit the proposed order with the motion or per local rule.

Reconsideration Period:

Check post-order motion windows for relief from dismissal under local rules.

Key milestones from filing to final order

Track these stages to manage calendar deadlines, notice obligations, and court appearances.

01

Draft and Attach Proofs

Complete motion and attach declarations and proof of service before filing.

02

File and Serve

File motion electronically or in person and serve all parties per rule.

03

Opposition Period

Allow statutory time for an opposition brief to be filed.

04

Hearing and Ruling

Attend hearing if scheduled; court issues order granting or denying relief.

How this document differs from related filings

Compare closely related court filings to pick the correct procedural vehicle for dismissal or administrative closure.

Criteria	Motion to Dismiss	Proposed Order
Primary Purpose	request court relief	provide judge a signable disposition
Typical Contents	factual and legal argument	disposition language only
Filed By	movant	movant (for judge signature)
Court Action	triggers briefing and hearing	becomes operative upon signature

Practical tips to improve acceptance and enforceability

Follow these drafting and submission practices to reduce clerical rejection and strengthen the motion’s weight.

Check Local Rules

Confirm filing format, page limits, and service rules for the target court before drafting.

Support with Declarations

Attach sworn statements or declarations to prove service, notice, and prior noncompliance.

Use Clear Relief Language

Draft the proposed order in plain terms stating whether dismissal is with or without prejudice.

Preserve the Record

File all supporting exhibits and maintain a certified copy of the signed order.

Real-world examples of dismissal motions used successfully

Two representative scenarios illustrate how motions and orders to dismiss for failure are used in practice.

Civil Case Closure

A plaintiff failed to serve the defendant after court notice

Movant filed a dismissal for failure to prosecute
The court signed a proposed order after a hearing, ending the case and allowing a simple refile with corrected service if appropriate.

Administrative Enforcement

A regulated entity missed mandatory compliance deadlines

The agency moved to dismiss for lack of prosecution
The proposed order granted dismissal and preserved the agency’s right to reinitiate under statute.

eSignature vendor comparison for signing and preserving dismissal documents

Compare core pricing and compliance features that affect cost and acceptance when signing and storing motion and order documents.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies	Varies	Varies	Varies
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/yr	Varies	Varies	Varies

Frequently asked questions about Motions and Orders to Dismiss for Failure

Answers to common procedural and technical questions to help avoid filing errors and ensure enforceability.

Need help? Contact support

What if service was defective?
If service is defective, the court may deny dismissal. File a corrective proof of service or seek an extension to cure defects and give the court evidence of proper notice.
Can I e-sign the proposed order?
Many courts accept electronically signed affidavits and proposed orders, subject to local rules and ESIGN/UETA compliance; confirm the clerk’s e-filing guidelines first.
How do I show failure to prosecute?
Attach declarations or docket entries showing inactivity, missed dates, or unfulfilled discovery, and cite local rules permitting dismissal for inactivity.
Will dismissal be with prejudice?
Relief can be with or without prejudice; explicitly request the desired disposition and explain why dismissal with or without prejudice is appropriate.
What if the judge declines to sign?
If the judge declines, consider requesting a hearing or refiling with additional evidence; preserve issues for appeal if legal error occurs.
How long should I retain these records?
Keep filings and signed orders for the case lifespan plus at least three years post-closure; retain PHI-related items for six years per HIPAA where applicable.

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