LCR 41. Dismissal of Actions

(b) Involuntary Dismissal.

(2) Dismissal on Clerk's Motion.

(A) Failure to Appear for Trial. If the case has not been disposed of within 45 days after the scheduled trial date, the case will be dismissed without prejudice on the clerk's motion without prior notice to the parties, unless the parties have filed a certificate of settlement as provided in LCR 41(e)(3). The clerk will mail all parties or their attorneys of record a copy of the order of dismissal. 

(B) Failure to File Final Order on Settlement. If an order disposing of all claims against all parties is not entered within 45 days after a written notice of settlement is filed, and if a certificate of settlement without dismissal is not filed as provided in section (e)(3) below, the clerk shall notify the parties that the case will be dismissed by the court.  If a party makes a written application to the court within 14 days of the issuance of the notice showing good cause why the case should not be dismissed, the court may order that the case may be continued for an additional period of time. If an order disposing of all claims against all parties is not entered during that additional period of time, the clerk shall enter an order of dismissal without prejudice.

(C) Failure to File Final Orders after a Certificate of Settlement Without Dismissal is Filed. If an order disposing of all claims against all parties is not entered by the date the parties agreed to in the certificate of settlement without dismissal, the clerk shall notify the parties that the case will be dismissed without prejudice. If a party makes a written application to the court within 21 days of the issuance of the notice showing good cause why the case should not be dismissed, the court may order that the case be continued for an additional period of time. If an order disposing all claims against all parties is not entered during that additional period of time, the clerk shall enter an order of dismissal without prejudice.

(D) Failure to File Judgment or Appeal Following an Arbitration Award. At least 45 days after an arbitration award, the Court may, upon notice to parties, enter an order of dismissal without prejudice for failure to file a judgment or appeal following an arbitration award.

(E) Lack of Action of Record.  The Court may enter an order of dismissal without prejudice for failure to take action of record during the past 12 months.  The clerk shall issue notice to the attorneys of record that such case will be dismissed by the court unless within 45 days following such issuance a status report is filed with the court indicating the reason for inactivity and projecting future actions and a case completion date.  If such status report is not received or if the status is disapproved by the court, the case shall be dismissed without prejudice.

(F) Failure to Return from Stay.  If after 90 days beyond the review date no renewing stay order has been filed and there are no future hearing dates, the case shall be dismissed without prejudice by the court for want of prosecution upon further notice to the parties.

(G) Failure to complete an Unlawful Detainer. If no action of record is taken for 45 days, and no future hearing date is scheduled, then the case may be administratively closed by the clerk.

(c) Dismissal of Counterclaim, Cross-Claim, or Third Party Claim No local rule.

(d) Costs of Previously Dismissed Action  No local rule.

(e) Notice of Settlements

(1) Advising the Court of Settlement.  After any settlement that fully resolves all claims against all parties, the parties shall, within five days or before the next scheduled court hearing, whichever is sooner, file and serve a written notice of settlement.  If the case is assigned to an individual judge and such written notice cannot be filed with the clerk before the trial date, the assigned judge shall be notified of the settlement by telephone, or orally in open court, to be confirmed by filing and serving the written notice or certificate of settlement within five days.

(2) Notice of Settlement with Prompt Dismissal.  If the action is to be dismissed within 45 days, the notice of settlement shall be in substantially the following form:

NOTICE OF SETTLEMENT OF ALL CLAIMS AGAINST ALL PARTIES

Notice is hereby given that all claims against all parties in this action have been resolved.  Any trials or other hearings in this matter may be stricken from the court calendar.  This notice is being filed with the consent of all parties.

If an order dismissing all claims against all parties is not entered within 45 days after the written notice of settlement is filed, or within 45 days after the scheduled trial date, whichever is earlier, and if a certificate of settlement without dismissal is not filed as provided in LCR 41(e)(3), the case may be dismissed on the clerk's motion pursuant to LCR 41(b)(2)(B).

          ________________________             _______________________

          Date                                                                Attorney for Defendant

                                                                                   _______________________

                                                                                   WSBA No.

          ________________________             _______________________

          Date                                                                Attorney for Plaintiff

                                                                                   _______________________

                                                                                   WSBA No.

          (Signatures by attorneys on behalf of all parties.)

(3) Settlement With Delayed Dismissal.  If the parties have reached a settlement fully resolving all claims against all parties, but wish to delay dismissal beyond the period set forth in section (e)(2) above, the parties may file a certificate of settlement without dismissal in substantially the following form (or as amended by the court):

CERTIFICATE OF SETTLEMENT

WITHOUT DISMISSAL

I. BASIS

1.1       Within 30 days of filing of the Notice of Settlement of All Claims required by King County Local Rule 41(e), the parties to the action may file a Certificate of Settlement Without Dismissal with the Clerk of the Superior Court.

II.  CERTIFICATE

2.1       The undersigned counsel for all parties certify that all claims have been resolved by the parties.  The resolution has been reduced to writing and signed by every party and every attorney.  Solely for the purpose of enforcing the settlement agreement, the court is asked not to dismiss this action.

2.2       The original of the settlement agreement is in the custody

           of:____________________________________________

           at:____________________________________________.

2.3       No further court action shall be permitted except for enforcement of the settlement agreement.  The parties contemplate that the final dismissal of this action will be appropriate as of:_________________________________.

           Date:____________________________________

III.  SIGNATURES

          ___________________________________    _________________________________

          Attorney for Plaintiff(s)/Petitioner                              Attorney for Defendant(s)/Respondent

          WSBA No.________________                                WSBA No._________________

          ___________________________________    _________________________________

          Attorney of Plaintiff(s)/Petitioner                               Attorney for Defendant(s)/Respondent

          WSBA No.________________                                WSBA No._________________

IV. NOTICE

      The filing of this Certificate of Settlement Without Dismissal with the clerk automatically cancels any pending due dates of the Case Schedule for this action, including the scheduled trial date.

      On or after the date indicated by the parties as appropriate for final dismissal, if the parties do not dismiss their case, the clerk will notify the parties that the case will be dismissed by the court for want of prosecution unless within 14 days after the issuance a party makes a written application to the court, showing good cause why the case should not be dismissed.

Official Comment

      1. Notice of Settlement.  Subsections (b)(2) and (e)(1) are intended to prevent a case from entering a state of suspended animation after the parties reach a settlement.  The rule creates a mechanism for a settled case to be formally closed by judgment or dismissal.  A case will not be removed from the trial calendar on the basis of a settlement unless the settlement resolves all claims against all parties.

[Adopted effective September 1, 1993; amended effective September 1, 1994; September 1, 1996; September 1, 2001; September 1, 2002; September 1, 2004; September 1, 2006; September 1, 2008; September 1, 2011; September 2, 2014; September 1, 2020; September 1, 2024.]