Does the court have power to dismiss a civil action for failure to prosecute?
"New York", United States of America
The following excerpt is from People v. Douglass, 456 N.E.2d 1179, 469 N.Y.S.2d 56, 60 N.Y.2d 194 (N.Y. 1983):
2 For a similar discussion of the courts' lack of inherent power to dismiss civil actions for failure to prosecute, see Cohn v. Borchard Affiliations, 25 N.Y.2d 237, 247-248, 303 N.Y.S.2d 633, 250 N.E.2d 690.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for dismissing an action for failure to prosecute or failure to comply with a court order? (MultiRegion, United States of America)
When a federal court dismisses an action with prejudice, does the dismissal of the action by the federal district court result in a separate contract dispute arising from the settlement agreement? (MultiRegion, United States of America)
What is the test for abuse of discretion when a district court dismisses an action for failure to prosecute? (MultiRegion, United States of America)
How have courts dealt with a decision by a tax court to dismiss a case for failure to prosecute? (MultiRegion, United States of America)
What are the findings of the US Supreme Court in dismissing an action brought by plaintiff Clay, who alleges that the district court erred by dismissing her other claims? (MultiRegion, United States of America)
Does the district court abuse its discretion in dismissing an action for failure to prosecute? (MultiRegion, United States of America)
Can a tax court dismiss a case for failure to prosecute for abuse of power? (MultiRegion, United States of America)
When a litigant claims that a lower court has taken action beyond its jurisdiction, does the court have power to require the lower court to set matters right? (MultiRegion, United States of America)
When a motion to dismiss a preliminary injunction has been granted by the Court of Appeal, when the motion is also dismissed by the District Court on the basis of a failure to exhaust tribal remedies, does the motion merge into the final judgment? (MultiRegion, United States of America)
Can a defendant in a civil action be denied in forma pauperis status if he has previously had at least six prior actions dismissed as frivolous, malicious, or for failure to state a claim? (MultiRegion, United States of America)
