IN
THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT
IN AND FOR
ADMINISTRATIVE ORDER NO. 2006-016 PA/PI-CIR
RE: NOTICE OF LACK
OF PROSECUTION
NOTICE OF INTENT
TO DISMISS
Rule of Civil
Procedure 1.420 regarding lack of prosecution was recently amended. See In
re: Amendments to the
IT IS ORDERED:
1. This Order applies to all cases governed by the Rules of Civil Procedure, Family Law Rules of Procedure, Small Claims Rules, and cases under Chapter 39, Florida Statutes. It does not apply to other cases governed by the Rules of Juvenile Procedure, Rules of Criminal Procedure, Probate Rules, Traffic Court Rules, or Rules of Appellate Procedure.
2. In all matters in which
there is no record activity for a period of ten (10) months and no stay has
been entered or approved by the Court, the Clerk of the Circuit Court in Pasco
County and the Clerk of the Circuit Court in Pinellas County (Clerks of Court)
shall automatically prepare a Notice of Lack of Prosecution which shall
substantially comply with Rule of Civil Procedure Form 1.989, a copy of which
is attached as Exhibit 1. The Clerks of Court shall serve the
Notice of Lack of Prosecution on all parties in the case, as required by Rule of
Civil Procedure 1.420(e), and shall place a copy of the Notice in the court
file. The Notice shall contain a Certificate of Service and as set forth in
Rule of Civil Procedure 1.080, such service may be accomplished by mailing a
copy of the Notice to the parties' counsel of record, or if not represented by
counsel, to the party individually.
3. The Clerks of Court shall automatically prepare a Notice of Intent to Dismiss under the following circumstances:
a. When a case is filed and the plaintiff or petitioner has failed to provide proof of service on a defendant or respondent within 120 days after filing the initial pleading as required by Rule of Civil Procedure 1.070(j).
b. When there is no record activity in a case for a period of sixty (60) days immediately following the service of a Notice of Lack of Prosecution (as set forth in paragraph 2 above), and if no stay was issued or approved prior to the expiration of the sixty (60) day period, as provided for in Rule of Civil Procedure 1.420. This includes small claims cases where the Rules of Civil Procedure have been applied pursuant to Small Claims Rule 7.020.
c. When there is no record activity in a small claims case for a period of six (6) months as provided for in Small Claims Rule 7.110, excluding small claims cases where the Rules of Civil Procedure have been applied pursuant to Small Claims Rule 7.020.
4. The Clerks of Court shall send the Notice of Intent to Dismiss to the parties in the case, and place a copy of the Notice in the court file.
5. If a response is received within 30 days of the Notice, the Clerks of Court shall provide the response and the court file to the section judge.
6. If no response is received within 30 days of the Notice, the Clerks of Court shall automatically generate an Order of Dismissal and provide it along with the court file, if such file is requested, to the section judge.
7. The Clerks of Court, the Pasco County Data Processing Department, and the Pinellas County Information Technology Department, as appropriate, shall take immediate action to make changes necessary to implement this Order and take all actions necessary so that the Clerk of Court can perform the functions specified in this Order on or before March 31, 2006.
Administrative Order 2004-019
PI-CIR is hereby rescinded.
DONE AND ORDERED in Chambers at
______ day of March 2006.
___________________________
David A. Demers, Chief Judge
cc: All
Judges
The
Honorable
The
Honorable Robert Dillinger, Public Defender
The Honorable Ken Burke, Clerk of
Court,
The Honorable
Jed Pittman, Clerk of Court,
Carol
Heath, Director, Court Services, Pinellas County Clerk’s Office
Betty
Henderson, Assistant Court Services Director, Pasco County Clerk’s Office
Gay
Inskeep, Trial Courts Administrator
Kerry L. Rice, Senior Deputy Courts Administrator,
Bar Associations,
Law Libraries,
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
IN AND
______________ DIVISION
CASE NO. __________________________
____________________________
Plaintiff(s),
v.
_____________________________
Defendant(s).
/
NOTICE OF LACK OF PROSECUTION
PLEASE TAKE NOTICE that it appears on the face of the record that no activity, filing of pleadings, order of court, or otherwise has occurred for a period of 10 months immediately preceding service of this notice, and no stay has been issued or approved by the court. Pursuant to rule l.420(e), if no such record activity occurs within 60 days following the service of this notice, and if no stay is issued or approved during such 60-day period, this action may be dismissed by the court on its own motion or on the motion of any interested person, whether a party to the action or not, after reasonable notice to the parties, unless a party shows good cause in writing at least 5 days before the hearing on the motion why the action should remain pending.
DATED and MAILED to the
address shown below by
(Name and Address of
Party
Receiving notice)
____________________________________
(Embossed COURT Seal) CLERK
OF THE CIRCUIT COURT
EXHIBIT 1