As for the fourth factor listed in Ward, whether the plaintiff's claim has merit, the trial court found that the delay in responding to discovery requests suggested a lack of merit and that defendant Flege's liability seemed questionable based on its review of witness Smith's deposition. In criminal cases, the person who is arrested and charged with a crime. Andy Beshear, in his official capacity as Attorney General of the Commonwealth of Kentucky, and moves this Court to dismiss Petitioner Matthew G. Bevin, in his official capacity as Governor of Kentucky's 3. A decision or sentence imposed by a judge. Following a hearing, the trial court granted the defendants' motions to dismiss under CR 41.02. 27. While we do not hold that a plaintiff must swell the official record with filings in order to prosecute his case, nonetheless, it was permissible for the trial court to consider the fact that for years, plaintiffs had acted responsively, rather than proactively, as demonstrated by the filings of record. Cross-Examination. Note: Fillable forms are not compatible with the Firefox web browser. While we do not encourage trial courts to assess the merits of a claim in ruling on a motion to dismiss for want of prosecution on poorly developed records, we do not think the trial court here abused its discretion in considering, among other relevant factors, the fact of questionable liability of one defendant. These forms are provided as a convenience to individuals to assist them in their official capacities or their pursuit of justice. We held very recently in Miller v. Commonwealth, 283 S.W.3d 690, 702 (Ky.2009), quoting the United States Supreme Court in Barker v. Wingo:33. Rather, to rule properly on a motion to dismiss for lack of prosecution, the trial court must assess all factors relevant to that particular case, which might include some or all factors listed in Ward and may include other factors.11. hn1_e"I(*,J(JVb*yw$jizochp| k"v$o \oFbgDZY O\VUq?xgJlMn9=8/jqyk02j\4cz-zj&eh*.O N.2u#O%^h@[YAJ6J&76jjz[Y1wY6!lNsNxrPzn]KCH+#|ba{V*JqR{o+qcvU817uc$Wcf?[n[[]E>7 ;:nr(MnS5(j"pob"7brOzH@@_(|ncU#@ITPc)SKCLu&S2]a$9'`eH>_BWR~2gNyP&AOw/ZLGrfQk>Z:Ck;4 wd$h_m 'h attorney. trailer 1987). Petition. Although we decline to adopt any specific set of factors that must be considered by trial courts, we note that other jurisdictions have listed other factors as possibly appropriate for consideration in determining the propriety of dismissing a case for lack of prosecution. 29. 26. In Forma Pauperis. Designed by Elegant Themes | Powered by WordPress, Oct. 5, 2012 Court of Appeals Minutes Re cases on insurance policy interpretation, medical negligence failure to diagnose & third party beneficiary analysis in insurance policy. Service. 0000003585 00000 n The result that he got was more than what he asked for.). 0000033583 00000 n Conversely, this precedent is also misunderstood to suggest that the trial court's dismissal order is unassailable on appeal if it recites and attempts to analyze each of the six listed factors. Sustain. prohibited and may result in civil or criminal liability. We accepted discretionary review of this case to clarify the analysis a trial court must undertake when deciding motions to dismiss for lack of prosecution under Kentucky Rules of Civil Procedure (CR) 41.02(1). (Emphasis added. A. These issues include divorce, child custody, child support, eviction, foreclosure and veterans issues, among others. Foreclosure. The other party then has the opportunity to respond to the motion, usually within a couple of weeks. The record reflects that during the 2004 calendar year, Flege filed notice of and took the depositions of Karen and Brian and propounded a second set of interrogatories and a request for production of documents to Brian. Drug Court. Id. After filing the motion to set the case for trial, the plaintiffs also filed a response to Karen's motion to dismiss. 1987). Each piece of evidence is an exhibit. endstream endobj 24 0 obj <>stream This party isreferred to as the "movant." G.Dismissal in Ward Overturned for Failure to Assess All Relevant Factors, Not for Lack of Explicit Discussion of Each Factor Listed in Scarborough. Bailiff. 21. Rule 15.03 - Relation back of amendments. 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. The guided interviews are user-friendly, requiring only that the user answer a series of questions. 0000009041 00000 n 0 To agree with or rule in favor of the partys request. Id. Statute of Limitations. PDF Instructions for Filing a Motion - United States Courts DISMISS WITHOUT PREJUDICE To dismiss a case with the ability for the case to be refiled or brought; WANT OF PROSECUTION A motion made by a party for a judge to dismiss a lawsuit alleging that; DIRECTED VERDICT When a court directs that a verdict must occur based upon essential facts presented or; INSUFFICIENT EVIDENCE When there is not enough .
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