PRETRIAL ADJUDICATION
...Dismissal
......Involuntary: Discretionary
.........Delay in Service/Trial: Prejudice Inferred
3 Cards On This Topic:
  • Dismissal proper even where no actual prejudice to Ds; every person who files action must prosecute with promptness and diligence.
  • No logical, judicial nor statutory basis exists for requiring an inference of prejudice in every discretionary dismissal case.
  • Courts receptive to inference of prejudice where unreasonable delay in service.