Dismissal Procedures
Dismissal Procedures
SIX-MONTH DISMISSAL:
When a six-month Notice of Dismissal is sent, the case will be dismissed in 45 days unless one of the following occurs:
- A letter is sent to the coordinator stating the reason the case should be removed from the Dismissal Docket;
- A Motion to Retain is filed;
- A Trial Setting letter is sent to the Court; or
- A Final Judgment is submitted to the Court (generally a Default).
TWELVE-MONTH DISMISSAL:
When a 12-month Notice of Dismissal is sent, the case will be dismissed in 30 days unless one of the following occurs:
- A Motion to Retain is filed;
- A Trial Setting letter is filed;
- A Final Judgment is submitted to the Court; or
- A Motion for Summary Judgment is filed accompanied by a Motion to Retain.
FINALITY NOTICE:
If a Notice of Dismissal includes a "Finality Notice" it has come to the attention of the Court that the case needs to be disposed of in the very near future.
RETAINED CASE
If a Motion to Retain or a letter removing a case from the dismissal docket is granted, the Order will usually give a date upon which it will be dismissed -- if no action is taken to finalize the case. No further notice is given of the intent to dismiss a case after it has been retained.
REINSTATED CASE
Cases which have been reinstated are generally subject to the same rules as a Retained Case. Some action must be taken to finalize the case within the time period set forth on the Order Reinstating.