IN · rules
Ind. Allen Cnty. Small Cl. Local Rule LR02-TR41-209
Dismissal of Case
(A) Dismissal by Plaintiff. A case may be dismissed by the plaintiff at any time
prior to the filing of a counterclaim, answer, motion for summary judgment,
or other dispositive motion by the defendant.
(B) Dismissal by Stipulation. A case may be dismissed by filing a stipulation
of dismissal signed by all parties.
(C) Failure to Prosecute or Failure to Comply with Rule or Order.
Consistent with Ind. Trial Rule 41(E), the Court on its own motion may set
a hearing for the purpose of dismissing a case if there has been no action
on the case for a period of more than sixty (60) days, or if a party has failed
to comply with a rule or order.
(D) Failure to Appear. If the plaintiff on a claim or the defendant on a
counterclaim fails to appear within the allotted time (grace period) for a
hearing on the claims calendar or for the trial, then the claim or counterclaim
shall be dismissed without prejudice. The claim or counterclaim may be
dismissed with prejudice upon a showing of good cause such as a prior
failure to appear for a hearing on the claims calendar or for a trial.
Adopted effective Jan. 1, 1988; Amended effective June 1, 2020.
Provenance
- Source
- www.in.gov
- Retrieved
- 2026-10-02
- Edition
- supplied-in-28-02-allen-local-rules-2016-02-01
- Content hash
af90711f300ec557de2e2a2179bc237e75e0690d83e80cd8933eeb3c9f740720
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.