Travis Cnty. L. R. Proc. & Decorum 2.10

As amended through August 27, 2024

Rule 2.10 - Dismissal for Want of Prosecution

The following cases are eligible for dismissal for want of prosecution:

a. cases on file for more than 180 days in which no answer has been filed;

b. cases on file for more than 18 months that are not set for trial;

c. cases on file for more than 18 months with no filings or settings made within the past 180 days; and

d. any other case designated by the Court.

The Judicial Executive Assistant shall give notice of cases that will be dismissed for want of prosecution. The cases will be dismissed on the date indicated in the notice unless the Court retains it. Attorneys cannot make a setting in cases set for dismissal.

The procedure for retaining cases and objecting to motions to retain are as follows:

a. A party filing a motion to retain shall include a written memorandum containing the factual and legal basis supporting the motion. Verified motions to retain shall be filed with the clerk's office at least ten business days before the date of dismissal. After the motion is filed with the clerk's office, court staff is notified. The party filing a motion to retain shall be responsible for giving proper notice to all interested parties.

b. Parties objecting to a motion to retain shall file a written memorandum containing the factual and legal basis supporting the objection. Objections shall be filed with the Judicial Executive Assistant within three days of service of a motion to retain.

c. There will be no oral arguments on motions to retain or objections to motions to retain unless ordered by the court.

d. The Court shall notify all parties of the Court's ruling. The Court's ruling does not have to occur before the time set for dismissal. If the court decides to retain a case, it will set the case for trial at its convenience and notify the parties of the setting. At the setting, the case will be tried or dismissed. No continuance or delay will be considered.

References in this chapter to a 'case' include all pending claims in the case. A party shall inform the Court if a case is placed on the dismissal docket:

a. due to a delay caused by an agreement of the parties;

b. because a debt is being paid in installments; or

c. by the bankruptcy of a party.

If a case is on the dismissal docket for the foregoing reasons, the Court will close the case administratively. At the time the case is administratively closed, all unpaid court costs are due immediately.

Travis Cnty. L. R. Proc. & Decorum 2.10

Amended 10/15/2022.