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

The following excerpt is from Rhones v. Rowland, 9 F.3d 1553 (9th Cir. 1993):

In determining whether to dismiss an action for failure to prosecute or failure to comply with a court order, the district court is required to weigh five factors: " '(1) the public's interest in expeditious resolution of litigation; (2) the court's need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of cases on their merits; and (5) the availability of less drastic sanctions.' " Id. (quoting Thompson v. Housing Authority, 782 F.2d 829, 831 (9th Cir.) (per curiam), cert. denied, 479 U.S. 829 (1986)). If the district court does not explicitly weigh these factors, we review the record independently to determine whether dismissal was an abuse of discretion. Malone, 833 F.2d at 130.

Other Questions


Is a failure to comply with a court order a dismissal for failure to prosecute or comply with local rules? (MultiRegion, United States of America)
What is the test for dismissing a case 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)
How have courts dealt with dismissal orders for failure to comply with their orders? (MultiRegion, United States of America)
Is a failure to comply with a court order a reason to dismiss a motion for contempt of court? (MultiRegion, United States of America)
What is the test for a motion to dismiss an action for failure to comply with an order of the court? (MultiRegion, United States of America)
Can a federal court dismiss a complaint for failure to comply with a court order for abuse of power? (MultiRegion, United States of America)
What is the test for dismissing an action for failure to comply with any order of the court? (MultiRegion, United States of America)
Can a federal judge dismiss an action for failure to comply with an order of the court? (MultiRegion, United States of America)
In a civil contempt case, in what circumstances can a court compel a defendant to comply with a court order, and/or to compensate the complainant for losses sustained as a result, in order to force him to comply? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.