L. R. Prac. Sup. Ct. CV-2

As amended through August 22, 2024

Rule CV-2 - Trial Calendar and Dismissals for Failure to Prosecute

A. Any civil action shall be dismissed for failure to prosecute upon written motion and notice to opposing counsel, in the discretion of the court, upon the following grounds and conditions:

1. Failure to comply with Rule 38.1, Rules of Civil Procedure, within sixty (60) days after the date of the order for a new trial, or the date of the filing of the mandate of the Court of Appeals or Supreme Court.

2. For other appropriate reasons.

B. No dismissal shall be ordered during any period that the court finds that a necessary party to the action is in the military service of the United States and is unable during such period to be present at the trial by virtue of such service.

C. In any pending civil case where the parties announce settlement without submitting a final judgment or an order of dismissal, the court shall place it on the dismissal calendar for a period up to sixty (60) calendar days with notice to the parties that a final judgment or an order of dismissal is required. The court shall dismiss the case after the applicable timeframe unless a final judgment or an order of dismissal is entered, except that, upon a party's motion, the court shall set the matter for trial.

L. R. Prac. Sup. Ct. CV-2

Added Aug. 30, 1993, effective 12/1/1993. Amended May 31, 2002, effective 6/1/2002;6/30/2009, effective 1/1/2010; amended November 20, 2018 effective 1/1/2019.