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Ch 1, p.56 CIVIL PROCEDURE December 2010
Rule 1.943 Voluntary dismissal. A party may, without order of court, dismiss that party’s own
petition, counterclaim, cross-claim, cross-petition or petition of intervention, at any time up until ten
days before the trial is scheduled to begin. Thereafter a party may dismiss an action or that party’s
claim therein only by consent of the court which may impose such terms or conditions as it deems
proper; and it shall require the consent of any other party asserting a counterclaim against the movant,
unless that will still remain for an independent adjudication. A dismissal under this rule shall be
without prejudice, unless otherwise stated; but if made by any party who has previously dismissed an
action against the same defendant, in any court of any state or of the United States, including or based
on the same cause, such dismissal shall operate as an adjudication against that party on the merits,
unless otherwise ordered by the court, in the interests of justice.
[Report 1943; amendment 1982; amended October 9, 1984, effective December 8, 1984; December 28, 1989,
effective July 2, 1990; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February
15, 2002]
Rule 1.944 Uniform rule for dismissal for want of prosecution.
1.944(1) It is the declared policy that in the exercise of reasonable diligence every civil and special
action, except under unusual circumstances, shall be brought to issue and tried within one year from
the date it is filed and docketed and in most instances within a shorter time.
1.944(2) All cases at law or in equity where the petition has been filed more than one year prior
to July 15 of any year shall be tried prior to January 1 of the next succeeding year. The clerk shall
prior to August 15 of each year give notice to counsel of record as provided in rule 1.442 of the
docket number, the names of parties, counsel appearing, and date of filing petition. The notice shall
state that such case will be subject to dismissal if not tried prior to January 1 of the next succeeding
year pursuant to this rule. All such cases shall be assigned and tried or dismissed without prejudice
at plaintiff’s costs unless satisfactory reasons for want of prosecution or grounds for continuance be
shown by application and ruling thereon after notice and not ex parte.
1.944(3) This rule shall not apply to the following cases provided, however, that a finding as to
“a” through “e” is made and entered of record:
a. Cases pending on appeal from a court of record to a higher court or under order of submission
to the court.
b. Cases in which proceedings subsequent to judgment or decree are pending.
c. Cases which have been stayed pursuant to the Servicemembers Civil Relief Act [50 U.S.C. app.
§501].
d. Cases where a party is paying a claim pursuant to written stipulation on file or court order.
e. Cases awaiting the action of a referee, master or other court-appointed officer.
1.944(4) The case shall not be dismissed if there is a timely showing that the original notice and
petition have not been served and that the party resisting dismissal has used due diligence in attempting
to cause process to be served.
1.944(5) No continuance under this rule shall be by stipulation of parties alone but must be by
order of court. Where appropriate the order of continuance shall be to a date certain.
1.944(6) The trial court may, in its discretion, and shall upon a showing that such dismissal was
the result of oversight, mistake or other reasonable cause, reinstate the action or actions so dismissed.
Application for such reinstatement, setting forth the grounds therefor, shall be filed within six months
from the date of dismissal.
[Report 1961; amended by 61GA, ch 487, §2; amendment 1969; amendment 1975; October 31, 1997,
effective January 24, 1998; November 9, 2001, effective February 15, 2002; February 25, 2004, effective
May 1, 2004]
Rule 1.945 Involuntary dismissal. A party may move for dismissal of any action or claim against
the party or for any appropriate order of court, if the party asserting it fails to comply with the rules of
this chapter or any order of court. After a party has rested, the adverse party may move for dismissal
because no right to relief has been shown, under the law or facts, without waiving the right to offer
evidence thereafter.
[Report 1943; amendment 1967; October 31, 1997, effective January 24, 1998; November 9, 2001, effective
February 15, 2002]