PRETRIAL ADJUDICATION
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Dismissal
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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.