If we are the plaintiff and received a notice of a lack of prosecution hearing, what should we do next?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If we are the plaintiff and received a notice of a lack of prosecution hearing, what should we do next?
Asked on May 1, 2014 under Business Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Do whatever it is that you are supposed to have done but have failed to do--that's what "lack of prosecution" means: that you have not been doing what the plaintiff is required to do, and therefore the court may dismiss the case for your lack of follow-up. If you're not sure what the issues are, trying calling the judge's chambers or clerk. Do what you can to move the case along and file proof of your actions with the court, then show up for the hearing prepared to discuss the reason for the delay and (hopefully) that you have since taken care of your responsibilities.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.