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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.
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