Involuntary dismissal for failure of the plaintiff to prosecute or to comply; who may move for dismissal?

• A. Plaintiff
• B. Defendant
• C. Clerk
• D. Judge

Answer: (B)

The move to involuntarily dismiss for failure to prosecute or to comply is a remedy under Rule 41(b) to prevent cases from dragging on indefinitely. In this context, the defendant is the party who may seek dismissal when the plaintiff has not prosecuted the case or has failed to comply with the rules, orders, or deadlines. The court can act on such a basis, including on its own initiative after giving proper notice, but the party who files the motion to dismiss is typically the defendant. The clerk does not have authority to move for dismissal, and the plaintiff would not initiate dismissal for his own failure to prosecute. This rule exists to protect the defendant’s right to a timely resolution and to keep the case moving toward a decision.