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Fifth Judicial District Court

Tribunal del Quinto Distrito Judicial

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LR5-902. Dismissals for lack of prosecution.

  1. Dismissals without prejudice. All cases, other than domestic relations cases, may be dismissed by the court without prejudice if an examination of the file, case status report or docket sheet reveals that:
    1. the case has been tried and no judgment or order was entered within a reasonable time;
    2. counsel has indicated that the case has been settled or should be dismissed and no order has been entered within a reasonable time;
    3. there remains no justiciable issue for consideration of the court; or
    4. there has been a lack of prosecution for a six (6) month period in a case not subject to a pre-trial scheduling order entered pursuant to Rule 1-016 NMRA.
  2. Notice of dismissal. The clerk shall mail a copy of the order of dismissal to all counsel.
  3. Reinstatement.
    1. cases dismissed without prejudice by the court may be reinstated upon application being made within thirty (30) days after service of the order of dismissal.
    2. in reinstated cases, the court shall enter a pre-trial scheduling order pursuant to Rule 1-016 NMRA.

[Approved, effective April 1, 1999.]

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