Rule 2-507.Dismissal for lack of jurisdiction or prosecution
Circuit Court · Last amended January 1, 2024 · Last verified July 13, 2026
Full Text of Rule 2-507
Amendment History
Amended June 3, 1988, effective July 1, 1988; June 7, 1994, effective Oct. 1, 1994; Nov. 28, 2023, effective Jan. 1, 2024.
Committee Note & Source
Source. This Rule is derived from former Rule 530.
Plain-English Summary
The rule applies to nearly every civil action, with narrow exceptions for the military docket and continuing trusts or guardianships. It creates two separate clocks. First, if a defendant hasn't been served, and the court hasn't otherwise gotten jurisdiction over that defendant, the claim against that defendant becomes subject to dismissal once 120 days pass from the issuance of process. Second, an action becomes subject to dismissal for lack of prosecution once a full year passes without a docket entry — other than an entry made under this rule or the rules governing amended pleadings and revised scheduling — except that permanent alimony actions get two years of inactivity before this clock applies.
Dismissal isn't automatic. The clerk, either on a party's written request or on its own initiative, serves notice on everyone that the case will be dismissed in 30 days unless someone files a motion to defer. A party can move at any point up to 30 days after that notice, and the court can put off dismissal for good cause on whatever terms it thinks proper. If no one moves within that window, the clerk enters "Dismissed for lack of jurisdiction or prosecution without prejudice" on the docket once the 30 days run out; if a motion was filed and denied, the clerk makes that entry promptly after the denial.
Frequently Asked Questions
How long can a defendant go unserved before the claim against them is dismissed?
Once 120 days pass from the issuance of process without service or another way of getting jurisdiction over that defendant, the claim against that defendant becomes subject to dismissal under this rule.
What counts as lack of prosecution?
A full year with no docket entry, other than entries made under this rule or the rules on amended pleadings and rescheduling. Actions for permanent alimony get two years before this clock applies.
Does a party get any warning before a case is dismissed under this rule?
Yes. The clerk must serve notice that the case will be dismissed in 30 days, and a party can move within that window to have the court defer dismissal for good cause.
Is dismissal under this rule with or without prejudice?
Without prejudice. The docket entry the clerk makes is worded "Dismissed for lack of jurisdiction or prosecution without prejudice."
Who has to ask for the dismissal notice to go out?
Either a party can request it in writing, or the clerk can send the notice on the clerk's own initiative once a case meets the 120-day or one-year threshold.