Md. Code Regs. 16.02.01.09

Current through Register Vol. 51, No. 12, June 14, 2024

Section 16.02.01.09 - Dismissal for Lack of Prosecution

A. When Action Becomes Subject to Dismissal.

(1) In this section "docket entry":

(a) Means filing a pleading, requesting a hearing date, or scheduling a proceeding; and

(b) Does not include the entry or withdrawal of an appearance, case status reports, or other inquiries.

(2) At the expiration of 6 months from the last docket entry, an action may be dismissed for lack of prosecution.

B. Initiation; Notice. On request of a party or on the Secretary's own initiative, the Secretary shall notify all parties that an order of dismissal for lack of prosecution will be entered after the expiration of 30 days from the notice, unless a motion is filed under §C of this regulation.

C. Motion and Deferral. On motion filed within 30 days of the notice and for good cause shown, the Secretary may defer entry of an order of dismissal for the period and on the terms the Secretary considers proper.

D. Entry of Order. If a motion is not timely filed or if a motion is filed and denied, the Secretary shall issue an order of dismissal.

Md. Code Regs. 16.02.01.09