Dismissal for Lack of Prosecution

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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(b)(2).
   
   
3. Method and Time of Notice. The clerk of the district court shall notify counsel of record and all self-represented parties by sending a copy of this order by ordinary mail to the attorney or self-represented party, 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.