4. Statement from Attorney General Cameron Regarding Motion to Dismiss Laws enacted by the legislature or the Executive Branch. (3) All motions going to the merits of the case, including motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02, shall be filed at least 10 days prior to motion hour and accompanied by a brief memorandum of the grounds for the motion with citation of authorities relied upon, but not greater than 25 pages I write separately to make an additional point. 0000066281 00000 n Motion to Dismiss has the meaning ascribed to it in the Recitals. A legal paper that is used to start a civil case, get jurisdiction over a party and inform the defendant of the lawsuit. See, e.g., Toler v. Rapid American, 190 S.W.3d 348, 351 (Ky.App.2006) (As the trial court's decision to dismiss here appears to have been based almost exclusively on the Tolers' inaction from January 2002 to May 2004, we believe that the Ward factors are particularly relevant. What is a Motion to Dismiss? - FindLaw Restraining Order. Finding. 0000033428 00000 n District Court. VENTERS, J., concurs by separate opinion. 0000006787 00000 n TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Cross-Examination. Indiana. 2022LPC-00057 - Motion to dismiss . We took discretionary review to clarify when a motion to dismiss for lack of prosecution under CR 41.02 can properly be granted. [Record Nos. This party isreferred to as the "movant." 3:14-cv-00774-jgh electronically filed edward musselman plaintiff v. robert king, et al. But the trial court did specifically note the absence of medical records requested through discovery and not obtained due to the length of time or inability to access them [,] which seems to be substantial evidence of specified prejudice. A neutral third party (the mediator) meets with the parties to help them find and agree upon a solution. 0000033498 00000 n The use of Ward by the Court of Appeals as an illustrative guideline, rather than a mandatory checklist, was proper and consistent with the totality of the circumstances test. The Plaintiffs then filed a motion to vacate the trial court's dismissal order, supported by a lengthy affidavit detailing plaintiffs' counsel's actions taken over the preceding four years, as well as numerous exhibits including discovery material and correspondence. Contempt of Court. endstream endobj 1 0 obj <> endobj 3 0 obj <> endobj 4 0 obj <> endobj 5 0 obj <> endobj 6 0 obj <> endobj 7 0 obj <> endobj 8 0 obj <> endobj 9 0 obj <> endobj 10 0 obj <> endobj 11 0 obj <> endobj 12 0 obj <> endobj 13 0 obj <> endobj 14 0 obj <> endobj 15 0 obj <> endobj 16 0 obj <> endobj 17 0 obj <>stream In addressing the first factor listed in Ward, extent of the party's personal responsibility for delay, the trial court found the plaintiffs responsible for delay, based upon their failure to seek a trial date until the motion to dismiss had been filed and their delay in providing information about prior injuries. 0000058021 00000 n Give general information about where to find court procedures, deadlines, rules and practices. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. These could be relevant considerations in addition to those listed in Ward. A Motion to Dismiss is often filed with the court at the earliest stages of the lawsuit, typically before either party has conducted their discovery. Civil actions to recover damages, or money, up to $2,500. In the response, the plaintiffs reminded the trial court of the 2002 bankruptcy stay and of the fact that "discovery resumed" after the stay was allegedly lifted. They noted they provided authorizations to obtain health records and also stated, Defendants could seek to obtain this information through subpoena or inform counsel of their problem and discuss solutions. They also pointed to their efforts to obtain mediation and their attempts to resolve insurance issues in arguing that their lack of recently filed pleadings or discovery requests did not prove lack of prosecution as merely because another party notices the deposition does not mean there is a lack of prosecuting one's case if it is moving forward..
Menu