§ Rule 41-I. Dismissal for Failure to Prosecute

Codes > District of Columbia Official Code > Superior Court > VI. Trials > Rule 41-I.

Rule 41-I. Dismissal for Failure to Prosecute

(a) Dismissal Without Prejudice; Notice of.Any time after April 1, 1991, if a party seeking affirmative relief shall have failed for 90 days from the time action may be taken to comply with any law, rule or order requisite to the prosecution of that party's claim, to avail of a right arising through the default or failure of an adverse party, or take other action looking to the prosecution of the claim, the complaint, counterclaim, crossclaim, or 3rd party complaint of said party, as the case may be, shall stand dismissed without prejudice, whereupon the Clerk shall make entry of that fact and serve notice thereof by mail upon every party not in default for failure to appear, of which mailing the Clerk shall make an entry.

(b)[Deleted].

(c) Referral to the Disciplinary Board.When a case has been dismissed because of inexcusable neglect or other dereliction of counsel and is reinstated by the Court to prevent unfairness to a litigant, the Court granting the motion to reinstate may refer the matter involving the delinquent or offending counsel to the Disciplinary Board of the District of Columbia Court of Appeals for appropriate action, citing the circumstances of the dismissal and subsequent reinstatement.

(d) Applicability.This Rule shall only be applicable to cases filed before January 1, 1991, which have not been assigned to a specific judge or a specific calendar.