A civil action may be dismissed by the clerk of court or any judge of this court for lack of prosecution
as follows:
A. Where no service of process has been made within 90 days after filing of the
complaint;
B. Where no responsive pleadings have been filed or default has been entered within
60 days after service of process; or
C. Where a cause has been pending six months without proceedings being taken within
such period. This provision will not apply if the cause is awaiting action by the court.
D. Where an attorney or pro se litigant fails to notify the court in writing of an address
change when notice is returned to the court for the reason of an incorrect address
and no correction is made to the address for a period of 30 days.
Prior to issuance of a dismissal, notice will be sent to the plaintiff, and plaintiff will be allowed 30
calendar days from mailing of the notice within which to file evidence of good cause for plaintiff's
failure to act. If no response is received within the allotted time, the clerk may dismiss the civil
action. If a timely response is filed, a district judge or magistrate judge may order additional time
within which to take action, dismiss the civil action without prejudice or make any other appropriate
order.
Dismissal under this rule is shall be without prejudice. The Order of Dismissal will allow for
reinstatement of the civil action within 30 days for good cause shown.
LOCAL CIVIL RULE 43 - TAKING OF TESTIMONY
