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Dismissal for Lack of Prosecution

1. Periodic Dismissal Lists. Each year during March and September, the court may submit to the clerk of the district court lists of cases subject to dismissal for lack of prosecution. Notices sent during March and September shall not require further notice of actual dismissal.

2. Notice and Order of Dismissal. The notice of impending dismissal shall be substantially as follows:

NOTICE AND ORDER

The following cases will be dismissed without prejudice for lack of prosecution on the ______ day of __________________, 20______ at _________ o'clock __.M., unless a hearing or conference is set on the court's calendar or other cause is shown in accordance with K.S.A. 60-241(b)(2).

3. Method and Time of Notice. The clerk of the district court shall notify counsel of record and all pro se parties by sending a copy of this order by ordinary mail to the attorney or pro se party, or by deposit in the attorney's designated box in the clerk's office, or by e-mail to the attorney of record within five days from the issuance of the dismissal list, and shall file an appropriate certificate in each case dismissed showing compliance with this order. This notice shall be given at least 20 days prior to the dismissal date.

4. Removal From Dismissal List. For a case to be removed from the dismissal list, a party must set the case for conference or hearing on the court's calendar or show to the court other cause for removing the case.

5. Form of Motion and Order to Remove. If the party desires to set the case for conference or hearing, the party must submit an order substantially in the form found below and the order must be filed prior to the noticed deadline:

IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS
CIVIL COURT DEPARTMENT

_______________________
_______________________
       Plaintiff
vs                                                                                 Case No.______________
_______________________                                      Division No. __________
_______________________
       Defendant

MOTION AND SHOWING TO REMOVE FROM DISMISSAL LIST

    Plaintiff, through counsel, moves ex parte for removal of this case from the dismissal list. In support, good cause is shown.

                                                                        _______________________________
                                                                        Attorney for _____________________
                                                                        _______________________________
                                                                        _______________________________
                                                                        _______________________________
                                                                        Phone: _________________________

ORDER REMOVING FROM DISMISSAL LIST

     On this ________ day of _______________, 20___, this case is removed from the dismissal list and set for ______________________________________________________ on the _______ day of ____________________, 20__, at ___.m. in Division No. ______. Movant’s counsel is directed to notify all other counsel of this Motion and Order by forwarding to them file-stamped copies of the Motion and Order within three days.

         IT IS SO ORDERED.

                                                                        ________________________________
                                                                        Judge of The District Court

CERTIFICATE OF MAILING

This is to certify that a copy of the above and foregoing Motion and Order was mailed, postage prepaid, in the United States mail this _______ day of _____________________, 20____, to:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________

                                                                        ________________________________
                                                                        Attorney for _______________________

6. Failure to Appear at a Hearing Obtained to Have a Case Removed From the Dismissal List. If a party, either in person or through counsel, fails to appear at a conference or hearing set in any order removing a case from the dismissal list, the case may be dismissed without further notice or hearing, in accordance with paragraph 1 of this rule.