My ex filed a petition and we attended mediation where we did not reach an agreement and has taken no further action. It has been 11 months since mediation. I don't know what he is doing and do not want to ask because we have a very strained relationship. At one year with no activity will his petition automatically be dropped and can he object to this? (he travels for work and the last I heard from his attorney they said he had told them he was very busy and that is why he hasn't moved forward with negotiations or scheduling a hearing). I would prefer for this to be dismissed if possible.
Assuming there has been no paper filed with the court in this time frame, first a notice of lack of prosecution must be filed, then after a designated time frame you could move the court to dismiss the case for lack of prosecution. The court can do this on its own as well, but given the fact that so many courts are so backlogged, most of them are not sending out lack of prosecution notices in many cases. The notice must be sent to all interested parties, and gives them time to file something, literally very near anything, with the court and keep the case open. I would suggest seeking the counsel of an attorney in your area to address your questions and review the docket to determine if that action is appropriate.
Please be advised, this information is being provided on an informational basis only. No attorney/client relationship has been created as a result of any information provided by Jonathan J. A. Paul and/or Lewis Roberts, P.A. Legal matters are of significant importance and the selection of an attorney is an important decision. In addition to the information provided in this response, it is always strongly suggested that you seek the advice of an attorney.
No, the case will not be automatically dismissed. A link to the rule is below, look at subsection (e) for the correct procedure.
In practice, it's difficult to have a case dismissed for lack of prosecution because the other side can file any document within 60 days after you file the notice, which defeats a motion to dismiss for lack of prosecution.
A case does not automatically get dismissed for what is referred to as "lack of prosecution". The court of its own initiative often weeds them out, sends notice and advises that if good cause is not shown as to the delay, it will be dismissed. Or the other party can move to have it dismissed for lack of activity. However, often the cases just sit dormant, past the 6 and 10 months and the courts do not close them out. Speak to an attorney to get the file moving and closed out for you.
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