Litigation question: plaintiff brought personal injury action in 2018. Defendants were notified that plaintiff passed away in January 2021 but plaintiff's counsel has still not filed a suggestion of death with court and does not know whether plaintiff has an estate for the case to proceed. Can defendants move to dismiss for failure to prosecute? (MA state case)

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Not sure about MA but in my state, defendant would file a suggestion of death then after 60 days file a motion to dismiss for failure to prosecute. Probably similar procedure for your state.

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Same in my experience in two different states. It’s the opposing party’s job to file a suggestion of death re the other party

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