Failure prosecute 2025

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  1. Click ‘Get Form’ to open the failure prosecute document in the editor.
  2. Begin by filling in the name of the county and state at the top of the form. This sets the jurisdiction for your motion.
  3. In the section labeled 'Defendant', enter your name as it appears on legal documents. This identifies you as the party filing the motion.
  4. Provide details regarding your arrest, including the date and alleged crime. Be precise to ensure clarity in your motion.
  5. Clearly state that you have been ready for trial since your arrest and mention any requests made for a trial date.
  6. Fill in the prosecutor's name who has failed to bring you to trial, which is crucial for your argument.
  7. Conclude by signing and dating the document at the bottom, ensuring all required fields are completed before submission.

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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.
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.
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.