-
Welcome to our legal community! Click here or the create new topic button to ask a question and receive answers and comments from our friendly and helpful legal community.
Articles that answer frequent legal questions are in our Law Guide. Important legal news is reported in The Law JournalYou can find a lawyer near you in the Lawyer Directory. If you know that you need to hire an attorney, you can submit a case review from a lawyer.
prosecution
- Thread Starter LisaR
- Start date
- Status
fredrikklaw
Moderator
As long as it ...
A case can remain active even for lack of prosecution for as long as (1) the defendant remains silent and does not move for dismissal for Failure to Prosecute in a timely manner or (2) the court clerk notices the dormant case when clearing and reconciling docket backlogs, in which scenario the court Sua Sponte (of our own accord) sends the the plaintiff an notice of Order Show Cause Why the case Should not be dismissed.
Once the court receives Plaintiff's Proof of Service, the case basically goes under the radar until one the two things mentioned above happens and so some plaintiffs file cases just so to avoid their cause being time-barred by operation of the Statute of Limitations which tolls on the date of filing of the complaint. A tell-tail sign of such a Plaintiff is when defendant does not answer the complaint withing 30 days or otherwise fails to appears in the case in any capacity and the Plaintiff has not raised a raucous by moving for default and sanctions. It is also indicative of the case at bar being frivolous and commenced in order to harass and annoy because a bona fide Plaintiff with real cause of action is too hot to the trot to let the defendant off.
fredrikklaw
A case can remain active even for lack of prosecution for as long as (1) the defendant remains silent and does not move for dismissal for Failure to Prosecute in a timely manner or (2) the court clerk notices the dormant case when clearing and reconciling docket backlogs, in which scenario the court Sua Sponte (of our own accord) sends the the plaintiff an notice of Order Show Cause Why the case Should not be dismissed.
Once the court receives Plaintiff's Proof of Service, the case basically goes under the radar until one the two things mentioned above happens and so some plaintiffs file cases just so to avoid their cause being time-barred by operation of the Statute of Limitations which tolls on the date of filing of the complaint. A tell-tail sign of such a Plaintiff is when defendant does not answer the complaint withing 30 days or otherwise fails to appears in the case in any capacity and the Plaintiff has not raised a raucous by moving for default and sanctions. It is also indicative of the case at bar being frivolous and commenced in order to harass and annoy because a bona fide Plaintiff with real cause of action is too hot to the trot to let the defendant off.
fredrikklaw
army judge
Super Moderator
Is this a federal or state case?
Is it a criminal case, or merely a criminal investigation?
Has anyone been indicted?
Are illegal drugs involved?
- Status
Share this page
