R. Civ. Proce. For. Magist. Ct. 15

As amended through January 31, 2024

Rule 15 - Dismissal

In addition to other grounds for dismissal as provided by law, the magistrate shall dismiss an action without prejudice where:

(a) Service of the summons and complaint has not been successfully made upon the defendant within 6 months of the initial filing of the complaint; or

(b) The defendant fails to file an answer and the plaintiff fails to move for a default judgment within 6 months of service of the summons and complaint upon defendant; or

(c) An action is pending for more than 6 months and there has been no order or proceeding but to continue it.

When the magistrate dismisses an action under this rule, the clerk shall immediately notify all parties who are not in default and their counsel of record that a judgment has been entered. The notice shall be mailed to the last address on record for each such party, and shall state that any dissatisfied party may move to set aside the judgment in accordance with Rule 17.

R. Civ. Proce. For. Magist. Ct. 15

Amended by order entered July 1, 1991, effective 8/1/1991.