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NOTICE OF MOTION AND MOTION FOR DISMISSAL FOR DELAY IN PROSECUTION
1 TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE that on _______________ at ___________, or as soon thereafter as
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the matter may be heard in Department ___of the above entitled court, located at
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____________________________________________, LIST PARTY CAPACITY SUCH AS
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DEFENDANT, ETC., will and hereby does move this Court for an order dismissing the above-
8 grounds that USE WHICHEVER STATUTE LISTED BELOW APPLIES TO YOUR CASE
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FOR FAILURE TO SERVE THE SUMMONS AND COMPLAINT USE THE ONE
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DIRECTLY BELOW:
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The failure to serve the summons and complaint on _____________ within 3 years or return
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13 proof of service within 60 days after the 3year period required by Code of Civil Procedure
20 FOR FAILURE TO BRING THE CASE TO RETRIAL USE THE ONE DIRECTLY
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BELOW:
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The failure to bring this action to retrial within 3 years after a mistrial, order granting new
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trial or reversal on appeal as required by Code of Civil Procedure 583.320 requires mandatory
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25 dismissal.
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NOTICE OF MOTION AND MOTION FOR DISMISSAL FOR DELAY IN PROSECUTION
1 this motion, the records and file in this matter, and on such other oral and documentary evidence as
2 may be presented at the hearing of this motion.
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Be sure to modify these paragraphs to suit your individual
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5 situation. Do NOT just use the wording here unless it definitely applies
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to your particular situation. Remember that if this motion for dismissal
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is your first appearance in this action there is a 30day notice of
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13 mail is permitted.
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To purchase the entire 11 page document visit:
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https://legaldocspro.myshopify.com/products/sample-motion-for-
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mandatory-dismissal-for-delay-in-prosecution-in-california
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NOTICE OF MOTION AND MOTION FOR DISMISSAL FOR DELAY IN PROSECUTION