Motion to Dismiss for Failure to Prosecute – dismiss case if prosecution cannot proceed, as when a critical witness or crucial evidence is missing & speedy trial deadline has passed

     This page is continued from Every Type of Motion:


motion to dismiss for failure to prosecute:

1. Criminal procedure. A criminal
defendant’s motion, usually oral, made at the appointed time of trial if the prosecution
cannot proceed, as when a critical witness or crucial evidence is missing — typically
proper only when a speedy-trial deadline has passed.


1. Criminal procedure. A trial that the prosecution, with reasonable diligence, begins promptly & conducts expeditiously. The Sixth Amendment secures the right to a speedy trial. In deciding whether an accused has been deprived of that right, courts generally consider the length of and reason for the delay, and the prejudice to the accused.

Speedy Trial Act of 1974:

1. A federal statute establishing time limits for carrying out the major events (such as
information, indictment, arraignment, & trial commencement) in the prosecution of federal criminal cases. 18 USCA §§ 3161-3174. – Abbr. STA. [1]


Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

To be added:

[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition
 by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.


Back to Every Type of Motion

Home Page

Like this website?

Please Support Our Fundraiser

or donate via PayPal:


Disclaimer: Wild Willpower does not condone the actions of Maximilian Robespierre, however the above quote is excellent!

This website is being broadcast for First Amendment purposes courtesy of

Question(s)?  Suggestion(s)?
We look forward to hearing from you!