In dismissing 41e 2025

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The document is a court order from the State of Indiana dismissing a case due to the plaintiff's failure to provide sufficient cause for its continuation, as per T.R. 41(E). The order grants the defendant's motion to dismiss and includes spaces for case details, judge's signature, and distribution information.

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Click ‘Get Form’ to open the in dismissing 41e document in the editor.
Begin by filling in the 'County of' section at the top of the form, specifying the relevant county where the case is being dismissed.
In the 'In the Court' section, indicate the specific court handling this case.
Next, enter the names of both parties involved in the case under 'Plaintiff' and 'Defendant'. Ensure accuracy for legal purposes.
Fill in 'Case No.' with the appropriate case number assigned to this matter.
In the body of the order, specify whether it is upon its own motion or upon Defendant’s motion. Insert Defendant's name if applicable.
Complete the date and location fields at the bottom of the form where indicated, ensuring all information is current and correct.
Finally, sign where indicated as Judge and ensure that distribution details are filled out for all parties involved.

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What is a 41-e dismissal in Indiana?

Rule 41(a) (2) deals with a dismissal by order of the court, which may be upon such terms as the court deems proper. It further provides that voluntary dismissal cannot defeat a counterclaim already pleaded. A dismissal under this paragraph is without prejudice unless otherwise specified in the order.

What is rule 41 of the Rules of court?

Rule 41 provides the general framework for appeals from decisions or final orders of the Regional Trial Courts in civil cases. The mode is typically an ordinary appeal (by notice of appeal) filed within 15 days from receipt of the judgment or final order or from the denial of a motion for reconsideration/new trial.

What is the rule 41 for dismissal?

Rule 41(a)(1) of the North Carolina Rules of Civil Procedure allows a plaintiff to dismiss a complaint without prejudice by filing a notice of dismissal at any time before he rests his case. Notice may be given by filing a written notice of dismissal or by oral notice in open court.

What is a rule 41 dismissal?

(i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or. (ii) a stipulation of dismissal signed by all parties who have appeared. (B) Effect. Unless the notice or stipulation states otherwise, the dismissal is without prejudice.

What does a 41e dismissal mean?

Trial Rule 41(E) states that where there is inaction in a case for 60 days or more, either the court or a party to the case may request that it be dismissed with prejudice, meaning that the side that has been inactive would have to pay court fees and attorneys fees for the other side.

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What is a Rule 41 dismissal in NC?

Under Rule 41(a)(1), the plaintiff may dismiss without order of court merely by filing a notice of dismissal prior to an answer or a motion for summary judgment. Thereafter dismissal by the plaintiff, without court order, requires the filing of a stipulation signed by all parties.

What is the rule of trial procedure 41 E in Indiana?

(E) Failure to prosecute civil actions or comply with rules. Whenever there has been a failure to comply with these rules or when no action has been take in a civil case for a period of sixty (60) days, the court, on motion of a party or its own motion shall order a hearing for the purpose of dismissing such case.