[WSBARP] Litigator Help Please

Paul Neumiller pneumiller at hotmail.com
Mon May 2 15:48:47 PDT 2016


Hey, CR 41(b)(1) (plaintiff's failure to prosecute the case) talks in terms
of a plaintiff being able to avoid the mandatory dismissal terms of CR 41
if the "case is noted for trial before the hearing on the motion."  So, a
plaintiff has filed a "Notice for Trial Setting" asking the court
administrator to schedule a hearing for setting the date of the trial.  My
question is:  is filing a "Notice for Trial Setting" the same as "noting the
case for trial"?  Any legal authority?  An attorney told me that the case is
not "noted for trial" until the court administrator sets the date?
Thoughts?

 



 

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