Re: Question about court case I found - WhyChat you probably know the answer

Posted by lawguy (207.68.86.95) on March 21, 2003 at 08:34:14:

In Reply to: Question about court case I found - WhyChat you probably know the answer posted by Jade on March 21, 2003 at 01:46:07:

The court was saying that the plaintiff is on the verge of a dismissal for "failure to prosecute" his claim. If a plaintiff files a complaint and does not pursue the action, the court can dismiss the complaint.

Ohio Civ.Rule 10 (as discussed in that case) requires that a plaintiff who is suing on an accout, contract, or other debt must attach a copy of this to his complaint, or explain in his complaint why such a copy is not attached. Apparently the plaintiff had failed to attach a copy of the account to the complaint. Thus, the court is ready to dismiss the complaint for failure to prosecute and failure to comply with the rules of procedure.

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