Rule 37. DISMISSALS
(1) Except as otherwise provided herein, the Court may, at any Docket Call, dismiss any case still pending that is more than one (1) years old from the date of filing which is not set for trial at that Docket Call.
(2) The Court may dismiss all domestic relation, dissolution, modification, and adult abuse cases pending but not tried or set for trial at the docket call after the expiration of four (4) months from the filing date.
(3) If there is no service of process in a case within three (3) months of filing, it may be dismissed at any Docket Call.
(4) If a case is dismissed under this rule, the Clerk shall mail a copy of the written dismissal order of the Judge to the attorneys of record for each party, or a party without counsel, at his or her last known address, by ordinary mail to notify the person of the dismissal under this rule and of his or her right of reinstatement under this rule. Proof of mailing by the clerk shall constitute notice as required in this rule.
(5) Within thirty (30) days from the dismissal date a motion to reinstate the case may be filed. Cases will only be reinstated for good cause shown.
(6) Dismissal under this rule is without prejudice, unless otherwise ordered by the Court or provided by law.
(7) Any judge to whom a case is assigned may request the judge calling the docket to call the case assigned to that judge for purposes of setting or dismissal under this rule, whether the judge calling the docket has been disqualified in the case or not.
See Rule 37.1.
[27th Judicial Circuit]
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