Motion to Dismiss For Failure to Prosecute in Oklahoma

What Is a Motion to Dismiss For Failure to Prosecute?

Background

“The exercise of a court's inherent power to dismiss an action because of a party's delay in prosecuting that action is not determined solely by the passage of a particular period of time.” (See McCamey v. Medical Centers of Oklahoma, LLC (2015) 365 P.3d 515, 519.)

“A dismissal for failure to prosecute should not be used against the momentarily negligent, but should be used to prod attorneys to bring cases to trial and to dismiss the truly dormant cases.” (See id.)

General Information for Complaints and Motions

“Before an action is dismissed for failure to prosecute pursuant to Rule 9 of the Rules for District Courts of Oklahoma, the trial court is required to discuss at least two issues: 1) that the plaintiff failed to show good cause why his case should not be dismissed; and 2) that the defendant was prejudiced by the failure to prosecute.” (See Wells Fargo Bank, N.A. v. Kindle (2014) 332 P.3d 302, 307 n.5.)

“Where an action is not diligently prosecuted, the court may require the plaintiff to show why the action should not be dismissed.” (See McCamey v. Medical Centers of Oklahoma, LLC (2015) 365 P.3d 515, 517.)

“If the plaintiff does not show good cause why the action should not be dismissed, the court shall dismiss the action without prejudice.” (See id.)

Standard of Review and Burdens of Proof

“The district court has the discretion to dismiss a case for failure to prosecute, and the discretion to dismiss an action for lack of diligence in prosecution is an aspect of a court's inherent power recognized at common law to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants.” (See McCamey v. Medical Centers of Oklahoma, LLC (2015) 365 P.3d 515, 518.)

“The district court's inherent authority to dismiss an action includes dismissal because of a party's failure to timely prosecute a claim.” (See id.)

“The district court's decision on a motion to dismiss for failure to prosecute involves the exercise of judicial discretion.” (See id.)

“Review for abuse of discretion includes an appellate review of both issues of law and fact.” (See id.)

“An abuse of discretion occurs when discretion is exercised to an end or purpose not justified by, and clearly against, reason and evidence.” (See id.)

“It is discretion employed on untenable grounds or for untenable reasons, or a discretionary act which is manifestly unreasonable.” (See id.)

The Court’s Decisions

It is well settled that “satisfying the burden of diligent prosecution is not based merely upon satisfying a procedure; but diligence is also based, in part, upon a good-faith presentation of the material facts to the trial court.” (See State ex Rel. Oklahoma Corp. v. McPherson (2010) 232 P.3d 458, 465.)

It is well settled that “it is within the trial court's inherent authority to dismiss the action for failure to prosecute when the plaintiff is not ready to proceed with trial on the day of trial.” (See Garcia v. Lane (2017) 394 P.3d 987, 991.)

Documents for Motion to Dismiss For Failure to Prosecute in Oklahoma

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MINUTE ORDER-PLAINTIFF OR DEFENDANT DOES NOT APPEAR AND HAS NOT CONTACTED …

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IN THE DISTRICT COURT IN AND FOR OKFUSKEE COUNTY STATE OF OKLAHOMA BOLEY HOUSING AUTHORITY, Plaintiff, -v- Case No. SC-2024-16 SHAVORNE JOHNSON, MINUTE ORDER Defendant. Maxey P. Reilly JUDGE …