Celebrating 10 years! 2007-2017

Dismissal fwop - how do I make it go away?

The court set a hearing for a dismissal for want of prosecut diligentsolo09/21/18
serve them - it will help for the hearing. You need to read nycatt09/21/18
In my state you would get with opposing counsel and file a j onehell09/21/18
I would appear at the hearing to let the court know I'm work fettywap09/22/18
As you can see from the variety of responses, the possibilit jeffm09/22/18
My rules say that a case may be dismissed for failing to sho diligentsolo09/23/18
diligentsolo (Sep 21, 2018 - 2:10 pm)

The court set a hearing for a dismissal for want of prosecution next week. I was just about to serve requests for admissions on the other party. I do mostly transactional work so I am a bit rusty on this. Can I just serve the requests and then call the court to let them know I am still active on this?

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nycatt (Sep 21, 2018 - 2:27 pm)

serve them - it will help for the hearing. You need to read up on your jurisdiction's rules. Usually you need to submit an affirmation before a hearing in NYC- not sure where you are.

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onehell (Sep 21, 2018 - 10:14 pm)

In my state you would get with opposing counsel and file a joint report and proposed scheduling order, and since the WOP issue should be mooted by both sides agreeing on a timetable by which discovery will be complete, dispositive motions filed, mediation conducted etc, move to either vacate the hearing or treat it as a status conference.

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fettywap (Sep 22, 2018 - 12:53 am)

I would appear at the hearing to let the court know I'm working on the case and request a scheduling order.

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jeffm (Sep 22, 2018 - 1:42 am)

As you can see from the variety of responses, the possibilities are endless. Don't your rules of civil procedure/practice set out what you must do?

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diligentsolo (Sep 23, 2018 - 3:23 pm)

My rules say that a case may be dismissed for failing to show up for a hearing or after a certain time not listed in the rules directly. I guess I just show up and explain what is going on to the judge. It is my fault I have taken so long but I have definitely not forgotten about or abandoned the case. I am going to play the bet of 1) serving the requests for admissions and maybe 2) having the other party sign something agreeing to a hearing date to finalize this issue soon. There is no opposing counsel, the other client is pro se and agreeable to basically sign whatever I want him too since he too is ready to finalize the case and is agreeable to our position. If he signs the admissions this week I just set the final hearing and be done with the thing.

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