Rule 42-1 Dismissal and Sanctions for Failure to Prosecute
Article VII: General Provisions
Rule Text
(a) Notice and Dismissal by Clerk. The Clerk may dismiss an appeal for failure to prosecute if an appellant fails to file a timely record, pay the docket fee, file a timely brief, or otherwise comply with rules applicable to processing the appeal for hearing, in accordance with the following procedures:
(1) The Clerk shall notify the appellant that the appeal will be dismissed for failure to prosecute unless the appellant remedies the noncompliance within 14 days.
(2) If the appellant moves the Court for additional time to remedy the noncompliance, the Clerk shall not dismiss the appeal while the motion is pending.
(3) If the appellant has not remedied the noncompliance after 14 days, or if the Court denies the appellant’s motion for additional time after the 14 days have passed, the Clerk shall immediately dismiss the appeal.
(b) Dismissal by Court; Sanctions. In all instances of failure to prosecute an appeal as required, the Court may do either or both of the following:
(1) Dismiss the appeal;
(2) Take such other action as it deems appropriate, including imposition of disciplinary and monetary sanctions on those responsible for prosecution of the appeal.