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W.D. La. LR 41.3

Dismissal for Failure to Prosecute

activein force · 2024-05-07 – presentact-effective-date

A civil action may be dismissed by the clerk of court or any judge of this court for lack of prosecution

as follows:

A. Where no service of process has been made within 90 days after filing of the

complaint;

B. Where no responsive pleadings have been filed or default has been entered within

60 days after service of process; or

C. Where a cause has been pending six months without proceedings being taken within

such period. This provision will not apply if the cause is awaiting action by the court.

D. Where an attorney or pro se litigant fails to notify the court in writing of an address

change when notice is returned to the court for the reason of an incorrect address

and no correction is made to the address for a period of 30 days.

Prior to issuance of a dismissal, notice will be sent to the plaintiff, and plaintiff will be allowed 30

calendar days from mailing of the notice within which to file evidence of good cause for plaintiff's

failure to act. If no response is received within the allotted time, the clerk may dismiss the civil

action. If a timely response is filed, a district judge or magistrate judge may order additional time

within which to take action, dismiss the civil action without prejudice or make any other appropriate

order.

Dismissal under this rule is shall be without prejudice. The Order of Dismissal will allow for

reinstatement of the civil action within 30 days for good cause shown.

Provenance

Source
www.lawd.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-19
Content hash
3a6a146208ef9baff8c80f118bd781188ce98d01734ea4b156a95fd1843a803e
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W.D. La. LR 41.3 — Dismissal for Failure to Prosecute · binding.law