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IN Motion to Dismiss Proceeding Supplemental Pursuant to TR free printable template

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State of Indiana County of In the Court))) Plaintiff)) vs.) Case No. )))) Defendant (Insert name and specify Plaintiff or Defendant’s MOTION TO DISMISS PROCEEDING SUPPLEMENTAL PURSUANT TO T.R. 41(E)
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How to fill out indian proceeding supplememental 41 e pdf form

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How to fill out IN Motion to Dismiss Proceeding Supplemental Pursuant to T.R. 41(E)

01
Obtain the appropriate form for the IN Motion to Dismiss Proceeding Supplemental Pursuant to T.R. 41(E).
02
Fill in your name and contact information at the top of the form.
03
Enter the case number and the court name where the proceeding is filed.
04
Clearly state the grounds for the motion to dismiss in the designated section.
05
Include any relevant facts or evidence that support your request for dismissal.
06
Sign and date the form at the bottom.
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Make copies of the completed motion for your records and for service.
08
File the original motion with the court clerk and serve copies to all parties involved.

Who needs IN Motion to Dismiss Proceeding Supplemental Pursuant to T.R. 41(E)?

01
Individuals or parties who wish to dismiss a supplemental proceeding under T.R. 41(E).
02
Defendants who believe there is no valid basis for the supplemental proceeding to continue.
03
Attorneys representing clients in cases where a dismissal is sought.
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A dismissal under Rule 41(e) is a bar to another action upon the same claim for relief against the same defendants unless the court provides otherwise in its order dismissing the action.
Use this form when: You are the Defendant and. • The claim against you has been pending continuously for at least sixty (60) days and. the Plaintiff has done nothing in those sixty (60) days to continue to pursue the claim.
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 attorney's fees for the other side.
Rule 41 - Dismissal of Actions (a)Voluntary Dismissal; Effect Thereof. (1) Subject to the provisions of Rule 23(e) and Rule 66, an action may be dismissed without prejudice to a future action by the plaintiff before the final submission of the case to the jury, or to the court where the trial is by the court.
A Rule 41(a)(1)(i) dismissal "strips a court of jurisdiction" in the sense that it "terminates the case all by itself. There is nothing left to adjudicate."[xxiii] Once the plaintiff has dismissed the action under the rule, the court loses all jurisdiction over the action.
Use this form when: You are the Defendant and. • The claim against you has been pending continuously for at least sixty (60) days and. the Plaintiff has done nothing in those sixty (60) days to continue to pursue the claim.

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It is a legal motion filed in Indiana to request the court to dismiss a supplemental proceeding due to lack of prosecution or inactivity in a case, as per the rules outlined in Trial Rule 41(E).
Typically, either party involved in the proceeding may file the motion if they believe the case has not been actively pursued or if there has been an unreasonable delay.
The motion should include the title, case number, and a concise statement of the grounds for dismissal, along with any relevant facts supporting the claim of inaction.
The purpose is to efficiently manage court resources by preventing cases that are not being actively prosecuted from remaining on the court's docket.
The motion must report the case title, cause number, specific reasons for the motion, any previous court actions, and a request for the court to dismiss the supplemental proceeding.
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