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CLR 38-9 Dismissal of civil actions [CR 77.02(2)]

Baldwin's Kentucky Revised Statutes Annotated38th Judicial Circuit - Butler, Edmonson, Hancock and Ohio Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
38th Judicial Circuit - Butler, Edmonson, Hancock and Ohio Circuit Court
KY BEHO Rule CPR 38-9
CLR 38-9 Dismissal of civil actions [CR 77.02(2)]
(1) When any civil action has remained on the docket for one (1) year without any steps being taken indicating an intention to prosecute said action, the Court on its own Motion or on the Motion of either party may dismiss the action for want of prosecution at the cost of the Plaintiff. It shall be the duly of the Clerk to serve notice to counsel of record for all parties who have appeared, or to the parties if a mailing address is known, notifying each party of such intention. If notice is given and the attorneys or parties fail to take any action pursuant thereto, an order of dismissal shall be entered as a mailer of course at the expiration of thirty (30) days from service of notice to dismiss. Notice of the entry of an order of dismissal shall be given by the Clerk to the attorneys of record, who have appeared in the case or to the parties, if unrepresented.
(2) A dismissal of an action under this rule shall be without prejudice and so specified in the order of dismissal, and such dismissal shall be subject to all provisions of Statutes of Limitations.
(3) A party objecting to dismissal shall file a written objection to the dismissal prior to the scheduled date of dismissal and shall appear to argue the objection to the dismissal.

Credits

HISTORY: Effective January 4, 1994. Amended effective July 6, 2015.
Butler, Edmonson, Hancock and Ohio Circuit Court Rule CPR 38-9, KY R BUTLER CIR CT Rule CPR 38-9
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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