Court's Fiat and Notice of Intent to Dismiss -- how to retain

Received the Court's [Universal DWOP Fiat and Notice of Intent to Dismiss]? This notice is sent on a sua sponte basis when the Clerk, Administrator or Judge happen across a case that appears to be aging excessively or is otherwise languishing. It may be used for various purposes as set forth below.

Responding to this notice is fairly simple.
You will find a notation of the number of days before which no action will be taken and the necessary action will be obvious in the context. Normally, if the indicated action is taken then the case will be retained.



About the form:
It is a univeral (multiple cause) form for the Court to dismiss on the court's own motion for want of prosecution. Typical uses include:


  • The answer date has passed and no answer has been filed in this case and will be dismissed unless a default judgment is signed or an answer is filed.

  • It has been on file for more than six months without service of citation being perfected on any defendant and will be dismissed unless all defendants are served.

  • The case has not been disposed of within the Time Standards for Disposition of Cases set by the Texas Supreme Court (Rule 6, Rules of Judicial Administration)

  • It has been on file for more than eighteen months and is not set for trial and will be dismissed unless either a judgment is signed or a docket control order with a final setting is signed.

  • Court records indicate that there was a settlement, TRCP Rule 11 agreement or mediation that was dispositive of the case and no final judgment or order has been tendered for signature by the judge.

randomness