Dismissal

(1) Voluntary Dismissal. At any time prior to the scheduling of oral argument, the appellant or petitioner may withdraw an appeal or petition for review by filing written notice with the Supreme Court. Thereafter, the Supreme Court may dismiss the appeal or petition for review upon the filing of a stipulation of dismissal signed by the parties. (2) Involuntary Dismissal by the Clerk for Lack of Prosecution. The Clerk of the Supreme Court shall enter a conditional order of dismissal in each case where there has been no action by the parties for a period of at least ninety (90) days and the parties are not awaiting action by the Supreme Court. Cases conditionally dismissed by the Clerk of the Supreme Court pursuant to this rule shall be reinstated if a statement to show cause why the case should not be dismissed is filed by any party within twenty (20) days of the conditional order of dismissal. The show cause statement shall be filed with the Clerk of the Supreme Court and shall be submitted in the form and manner set forth in Rule 18. (3) Cases Stayed or Held in Abeyance - Duty to Keep the Supreme Court Informed. In all cases where the Supreme Court has entered an order to stay a case or hold a case in abeyance, the party that sought the stay or to hold the case in abeyance shall notify the Court, in writing, every sixty (60) days starting from the date of the order, as to the status of the case and continued need for the stay or for holding the case in abeyance. If the party that sought the stay or to hold the case in abeyance fails to provide the Supreme Court with such notice, the Clerk of the Supreme Court shall, depending on which party sought the stay or to hold the case in abeyance, either enter a conditional order of dismissal of the appeal or a conditional order of default subject to reinstatement if the notice is filed within ten (10) days of the date of the order. An order of default will have the effect of barring the appellee from filing any further statements, memoranda, or briefs in support of appellee’s position or from arguing orally to the Supreme Court in opposition to the appellant’s argument unless otherwise ordered by the Supreme Court or a justice thereof. Page 26 of 40 Revised February 17, 2026