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E.D. Pa. L. Civ. R. 41.1

Dismissal and Abandonment of Actions

activein force · 2023-05-08 – presentact-effective-date

(a) Whenever in any civil action the deputy clerk ascertains that no proceeding

has been docketed therein for a period of more than one year, the deputy

clerk for the respective judge shall send notice to counsel of record and to

the parties that the action shall be dismissed, unless the court, upon written

application filed within thirty (30) days from the date of such notice and

upon good cause shown, shall otherwise order. In the absence of such

application or order by the court, the deputy clerk shall, without special order,

enter upon the record “dismissed with prejudice under Local Civil Rule

41.1,” and shall, upon application by the defendant, tax the costs against

the plaintiffs.

(b) Whenever in any civil action counsel shall notify the deputy clerk or the

judge to whom the action is assigned that the issues between the parties

have been settled, the deputy clerk shall, upon order of the judge to whom the

case is assigned, enter an order dismissing the action with prejudice, without

costs, pursuant to the agreement of counsel. Any such order of dismissal

may be vacated, modified, or stricken from the record, for good cause shown,

upon the application of any party served within ninety (90) days of the

entry of such order of dismissal, provided the application of the ninety-day

time limitation is consistent with Federal Rule of Civil Procedure 60(c).

Provenance

Source
www.paed.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-18
Content hash
f66b4957437e3edf2e0b811c9eb4e63e49a8ce3e9ab2e755fe580ebe17b5a75a
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E.D. Pa. L. Civ. R. 41.1 — Dismissal and Abandonment… · binding.law