When a case has become inactive an the clerk files for dismissal, what does that mean?

Does this mean any and all documents filed, signed, submitted and whatever else is no longer valid? Like a temporary visitation document for my child that states I HAVE to give my child back is no longer in effect?

Yakima, WA -

Attorney Answers (3)

Shawn B Alexander

Shawn B Alexander

Real Estate Attorney - Olga, WA
Answered

A CR41 or clerk's dismissal means one or both parties must provide a status update to the clerk to prevent dismissal. The time frame is 30 days to update the case. So have your lawyer update the litigation status.
Good Luck

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Robert M Lorey

Robert M Lorey

Litigation Lawyer - Portland, OR
Answered

I concur with Mr. Alexander in that the proper procedure to avoid dismissal is to file a status report with the Clerk's Office. The underlying issue of your question however, is not as straightforward. All the Orders from the Court remain in effect and can be enforced by the full power of the Court. If you have been directed by the Court to do a certain thing, you are under a continuing duty to comply, or your non-compliance can be punished (ultimately) by contempt of Court. If you have been directed to surrender custody of a child by the Court, you are required to do so regardless of the status of the underlying case.

From the tenor of your question, it seems that you have hopes to evade the command of the Court by letting the action lapse. This is not a long-term strategy, nor will it serve you well.

www.integrityoregon.com

Good luck!

Daniel Knight Dinneen

Daniel Knight Dinneen

Litigation Lawyer - Houston, TX
Answered

In Texas we call this DWOP (dismissal for want of prosecution). It essentially means that the court is trying to clear out its docket by getting rid of stale cases. From what others are saying, you simply need to apprise the court of your status (and possibly show that you are still actively interested in the outcome of the case).

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