PRETRIAL ADJUDICATION
...Dismissal
......Involuntary: Discretionary
.........Delay in Prosecution
5 Cards On This Topic:

Stipulation, trial and disposition on merits preferred over delay in prosecution for failure to proceed with reasonable diligence.

While trial court has discretionary authority to dismiss for failure to diligently prosecute action stayed on FNC grounds, no abuse of discretion in not doing so where all factors in CRC 3.1342(e) weighed in favor of dismissal.

Impracticability exception for court congestion does not toll 5-yr. limitation period for bringing case to trial where party does not exercise reasonable diligence in prosecuting case.

Court properly dismissed welfare reimbursement case for failure to prosecute w/in 5 yrs after F's parental rights terminated.

Dismissing P’s case was abuse of discretion where she was involuntarily without counsel, had physical and family traumas, and received flurry of confusing, inaccurate information from court to move case along.