![]() Rule 3.1340 amended effective Januadopted as rule 372 effective Janupreviously amended and renumbered as rule 3.1340 effective January 1, 2007. (Subd (c) amended and lettered effective Januadopted as part of Subd (a) effective January 1, 1990.) (2) Notice of the settlement is filed with the court as provided in rule 3.1385. (1) A settlement agreement conditions dismissal on the satisfactory completion of specified terms that are not to be fully performed within two years after the filing of the case and (Subd (b) amended effective Januadopted as part of subd (a) effective Janupreviously amended and lettered as subd (b) effective January 1, 2007.) ![]() If the court intends to dismiss an action on its own motion, the clerk must set a hearing on the dismissal and send notice to all parties at least 20 days before the hearing date. (b) Notice of court's intention to dismiss (Subd (a) amended effective January 1, 2007.) ![]() The court on its own motion or on motion of the defendant may dismiss an action under Code of Civil Procedure sections 583.410-583.430 for delay in prosecution if the action has not been brought to trial or conditionally settled within two years after the action was commenced against the defendant. (a)ĝiscretionary dismissal two years after filing Under Rule 12 (f), a part of a pleading can be removed. During the pleading stage, this can be accomplished by a tool such as Rule 12 (f) of the Federal Rules of Civil Procedure or a state equivalent. Motion for discretionary dismissal after two years for delay in prosecution A motion to strike is a request to a judge that part of a party’s pleading or a piece of evidence be removed from the record.
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