DISMISSAL FOR WANT OF PROSECUTION

U.S. District Court for the Northern District of Georgia

Rule Set: Civil Local Rules of the United States District Court for the Northern District of Georgia

Rule: 41.3

Jurisdiction: NDGA

Bluebook Citation: N.D. Ga. L.R. Civ. 41.3

All Rules: N.D. Ga. Civil Local Rules, complete index


Text

(A) Dismissal Authorized. The Court may, with or without notice to the parties, dismiss a civil case for want of prosecution if: (1) A plaintiff or attorney willfully fails or refuses to make a case ready or refuses to cause a case to be made ready for placement on the trial calendar; or (2) A plaintiff or plaintiffs attorney shall, after notice, fail or refuse to appear at the time and place fixed for pretrial or other hearing or trial in a case or fail or refuse to obey a lawful order of the Court in the case; or (3) A case has been pending in this Court for more than six (6) months without any substantial proceedings of record, as shown by the record docket or other manner, having been taken in the case. CV - 54 (B) Adjudication on the Merits. In accordance with the provisions of Fed. R. Civ. P. 41(b), a dismissal for want of prosecution operates as an adjudication upon the merits of the action unless the Court specifies otherwise in its order of dismissal.

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