Notice of Intent to Dismiss on Dismissal Docket

(under construction)

In each county of the district a dismissal docket is held approximately every six months. Cases exceeding a certain age and not apparently having current activity will be placed on that docket.

Each attorney of record and each unrepresented party will receive a copy of the notice. Unless specific steps are undertaken the case will be dismissed on the day appointed for the call of that docket. All of these steps are set out in the notice.

To have your case retained, you must:

  • File a written, timely Motion to Retain. Explain in detail why the case deserves to be retained on the docket.
  • Of course, serve a copy on all other attorneys and unrepresented parties.
  • Note: a certificate of conference is not required on this motion but if you have the concurrence of the opposition and note that in the certificate of conference, and if your reasons are extremely well stated and clearly evidence good cause for retention, it is possible to have the case retained without the necessity of appearing at the hearing. You'll need to follow up with the Court Administrator. Unless you have a very good motion, don't try to skip the hearing!

  • Unless the foregoing is granted, you must appear at the hearing.

Some things to be aware of:


  • The notice is also a notice of setting for the same day. You may be called to trial as early as that afternoon.

  • You will very likely be ordered to mediation and be sent the same day to confer with the mediator about a mediation setting.

  • You will certainly be getting a trial date if it is not tried that same day and may be ordered to develop a Level 3 docket control order that day -- so bring your calendar.