Rule 41
Dismissal
(a) Voluntary Dismissal. Voluntary non-suits requested on the trial date are
subject, at the discretion of the Court, to the allowance of costs and witness
fees and reasonable attorney fees to those appearing on such trial date.
(b) Dismissal on Clerk's Motion. In all civil cases in which no action of
record has occurred during the previous 12 months, the Clerk of the Court
shall notify the attorneys of record by mail that the court will dismiss the
case unless, within 30 days following the mailing of such, a party takes action
of record or files a status report with the court indicating the reason for
inactivity and projecting future activity and a case completion date. If the
court does not receive such a status report, it shall, on motion of the clerk,
dismiss the case without prejudice and without cost to any party.
The clerk shall mail notice of impending dismissal not later than 30 days after
the case becomes eligible for dismissal because of inactivity. A party who does
not receive the clerk's notice shall be entitled to reinstatement of the case,
without cost, upon motion brought within a reasonable time after learning of
the dismissal.
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