Understanding Dismissal of Lawsuits for Failure to Prosecute
Hello, I’m OKC criminal attorney Dillan Savage of Wirth Law Office, and I practice primarily in the Oklahoma City, Oklahoma area.
Today, let’s talk about lawsuit dismissals for failure to prosecute — what that means, what it covers, and how it works across different types of cases.
What is Failure to Prosecute?
So, what is failure to prosecute? Essentially, it’s when a party files a case — criminal, civil, family, or otherwise — and then just lets it sit without moving it forward. When that happens, the opposing party can request that the court dismiss the case.
In criminal cases, for example, if the state files charges and doesn’t actively pursue them, the defense can file a motion to dismiss for failure to prosecute. This ensures that cases do not linger indefinitely without resolution.
The Application in Civil Cases
In civil cases, the same logic applies. Someone can’t just sue you and leave the case lingering to keep you in limbo. Oklahoma law — specifically, Title 12, Section 684(C) — allows a defendant to file a motion to dismiss when the plaintiff isn’t actively pursuing the case.
If a case has sat idle for too long, the court may agree that it’s time to dismiss. And in many instances, these motions are granted, helping parties to avoid unnecessary delays.
Know Your Rights
So, whether you’re facing charges or responding to a lawsuit, know that you don’t have to stay stuck waiting. If there has been an unreasonable delay, a motion to dismiss for failure to prosecute might be the solution. Understanding your rights in these situations is crucial.
Get Professional Help Today
If you have found this information to be helpful or you believe it could help someone else, please go to theoklahomacityattorney.com. I’m Oklahoma City business lawsuit attorney Dillan Savage of Wirth Law Office, and thank you for watching.
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