CJane
Senior Member
What is the name of your state (only U.S. law)? MO
I received a letter the other day from the judge in our case. It was to inform me that on Sept 8, the case would be dismissed for lack of prosecution, and referenced local rule 37.1.
I have pasted this rule below. I have no intention of appearing, as the letter said that an appearance is only necessary if one of the parties wishes to prevent the case from being dismissed - and it's not my case, it's my ex's.
I don't really understand what dismissal of the case does. This refers to his motion to prevent the relocation of the children more than 2 years ago. We received a temp order to move out here at the end of August 2014, and were to coordinate our efforts to write up an agreed order before January 2015. That came and went with no cooperation from my ex's attorney. Then, kiddo went out for summer break in June of 2015, and court madness ensued, with ANOTHER temporary order being issued that included verbiage to the effect that there would be no further visits with father until kiddo's therapist and the GAL were able to develop a plan that would honor the "frequent and meaningful contact" part of statute, while protecting kiddo from Dad and Step-Mom's cray. This was followed by Dad telling his attorney that he was no longer interested in pursuing visitation, the therapist saying he couldn't think of a plan that would adequately protect kiddo while visiting Dad in an unsupervised fashion.
It's now been another year, and the case is being dismissed.
What I want to know is 1) Does the dismissal void the orders made while the case was pending? 2) If the orders ARE voided, where does that leave us? 3) I assume he's still free to file a new case at his whim, yes?
Forgot to post rule:
37.1 DISMISSAL DOCKET
All cases, except domestic relations cases, remaining undetermined and not active for one (1) year, unless good cause shown by written motion shall be subject to dismissal for want of prosecution. Domestic relations cases remaining undetermined and not active for six (6) months, unless good cause shown by written or oral motion, shall be
subject to dismissal for want of prosecution.
All cases where service of summons has not been obtained, notice of mail completed, or notice by publication commenced within a reasonable time after filing of the case, may be dismissed by the Court.
Prior to dismissal of any case for want of prosecution the Clerk of the Circuit Court shall give notice to the attorneys of record, or interested parties, that on a day and time certain the Court will determine whether said case should be dismissed for want of prosecution, and at said time and place the attorneys of record, and interested
parties, will have an opportunity to be heard.
I received a letter the other day from the judge in our case. It was to inform me that on Sept 8, the case would be dismissed for lack of prosecution, and referenced local rule 37.1.
I have pasted this rule below. I have no intention of appearing, as the letter said that an appearance is only necessary if one of the parties wishes to prevent the case from being dismissed - and it's not my case, it's my ex's.
I don't really understand what dismissal of the case does. This refers to his motion to prevent the relocation of the children more than 2 years ago. We received a temp order to move out here at the end of August 2014, and were to coordinate our efforts to write up an agreed order before January 2015. That came and went with no cooperation from my ex's attorney. Then, kiddo went out for summer break in June of 2015, and court madness ensued, with ANOTHER temporary order being issued that included verbiage to the effect that there would be no further visits with father until kiddo's therapist and the GAL were able to develop a plan that would honor the "frequent and meaningful contact" part of statute, while protecting kiddo from Dad and Step-Mom's cray. This was followed by Dad telling his attorney that he was no longer interested in pursuing visitation, the therapist saying he couldn't think of a plan that would adequately protect kiddo while visiting Dad in an unsupervised fashion.
It's now been another year, and the case is being dismissed.
What I want to know is 1) Does the dismissal void the orders made while the case was pending? 2) If the orders ARE voided, where does that leave us? 3) I assume he's still free to file a new case at his whim, yes?
Forgot to post rule:
37.1 DISMISSAL DOCKET
All cases, except domestic relations cases, remaining undetermined and not active for one (1) year, unless good cause shown by written motion shall be subject to dismissal for want of prosecution. Domestic relations cases remaining undetermined and not active for six (6) months, unless good cause shown by written or oral motion, shall be
subject to dismissal for want of prosecution.
All cases where service of summons has not been obtained, notice of mail completed, or notice by publication commenced within a reasonable time after filing of the case, may be dismissed by the Court.
Prior to dismissal of any case for want of prosecution the Clerk of the Circuit Court shall give notice to the attorneys of record, or interested parties, that on a day and time certain the Court will determine whether said case should be dismissed for want of prosecution, and at said time and place the attorneys of record, and interested
parties, will have an opportunity to be heard.
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