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CIVIL RULE NO. 6

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(a)(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 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. Generally, the court will require that a case be set for hearing (discovery conference, pretrial hearing, or trial) before removing the case from the dismissal list.

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:

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 Court No. ______. Movant shall notify all other parties of this Order by forwarding to them filed stamped copies of the Order within three days. Movant shall file a certificate of mailing evidencing compliance with this Order. Failure to appear at the scheduled hearing may result in dismissal without further notice.

IT IS SO ORDERED.

____________________
Judge of The District Court

Submitted by:
______________________
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 hearing set to have a case removed from the dismissal list, the case may be dismissed without further notice or hearing, in accordance with paragraph 1 of this rule.