Where DHS has not filed the Notice to Appear with the court by the time of the first hearing, this is known as a failure to prosecute. If there is a failure to prosecute, the respondent and counsel may be excused until DHS files the Notice to Appear with the court, at which time a hearing is scheduled.
What does failure to prosecute mean?
Failure to prosecute. - If plaintiff fails to appear at the time of the trial, or to prosecute his action for an unreasonable length of time, or to comply with these rules or any order of the court, the action may be dismissed upon motion of the defendant or upon the courts own motion.
What is failure to prosecute mean?
Failure to prosecute. If plaintiff fails to appear at the time of the trial, or to prosecute his action for an unreasonable length of time, or to comply with these rules or any order of the court, the action may be dismissed upon motion of the defendant or upon the courts own motion.
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The Harshest of Remedies: Dismissal for Failure to Prosecute
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