Notice of Contemplated Dismissal Lack of Jurisdiction/Prosecution

[ayla]

"Notice of Contemplated Dismissal Lack of Jurisdiction/Prosecution" was just inserted into my online case history file.

It says it was filed on 04/13/2015 by the plaintiff.  I don't know what it is or what i need to do.  We have 50/50 physical/legal custody in the state of Maryland.  I called her and she said she doesn't know anything about it.  I don't believe her.   What does this mean? What do I need to do to keep the standing consent order current?  I don't want anything to change.  How do I protect my current custody agreement from this notice?

I fought for custoday from 2004 through 2013 and Finally won 50% custody and I don't want to lose it! 

Help

[MixedBag]

go get a copy of it.

Are both of you still living in the same county, and state?

[Waylon]

I would suggest contacting your attorney or the court to find out what this is all about. Here's what I was able to find online:

Rule 2-507. Dismissal for lack of jurisdiction or prosecution.

(a) Scope.- This Rule applies to all actions except actions involving the military docket and continuing trusts or guardianships.

(b) For lack of jurisdiction.- An action against any defendant who has not been served or over whom the court has not otherwise acquired jurisdiction is subject to dismissal as to that defendant at the expiration of 120 days from the issuance of original process directed to that defendant.

(c) For lack of prosecution.- An action is subject to dismissal for lack of prosecution at the expiration of one year from the last docket entry, other than an entry made under this Rule, Rule 2-131, or Rule 2-132, except that an action for limited divorce or for permanent alimony is subject to dismissal under this section only after two years from the last such docket entry.

(d) Notification of contemplated dismissal.- When an action is subject to dismissal pursuant to this Rule, the clerk, upon written request of a party or upon the clerk's own initiative, shall serve a notice on all parties pursuant to Rule 1-321 that an order of dismissal for lack of jurisdiction or prosecution will be entered after the expiration of 30 days unless a motion is filed under section (e) of this Rule.

(e) Deferral of dismissal.- On motion filed at any time before 30 days after service of the notice, the court for good cause shown may defer entry of the order of dismissal for the period and on the terms it deems proper.

(f) Entry of dismissal.- If a motion has not been filed under section (e) of this Rule, the clerk shall enter on the docket "Dismissed for lack of jurisdiction or prosecution without prejudice" 30 days after service of the notice. If a motion is filed and denied, the clerk shall make the entry promptly after the denial.

In short, it means that the state has not taken any action in your matter for an extended period of time. You have been notified that if the state does not proceed in some manner within the 30 days - show some activity - whether it be for a Motion to Postpone, Motion to Continue or anything else - then your case will be dismissed.

If this is not a criminal concern and it is a civil matter, the same applies only it means that the Petitioner (person bringing the suit) must do something to keep the suit alive OR that the filing of the suit has been deemed to be in the wrong jurisdiction.

"Notice of Contemplated Dismissal Lack of Jurisdiction/Prosecution" was just inserted into my online case history file.

It says it was filed on 04/13/2015 by the plaintiff.  I don't know what it is or what i need to do.  We have 50/50 physical/legal custody in the state of Maryland.  I called her and she said she doesn't know anything about it.  I don't believe her.   What does this mean? What do I need to do to keep the standing consent order current?  I don't want anything to change.  How do I protect my current custody agreement from this notice?

I fought for custoday from 2004 through 2013 and Finally won 50% custody and I don't want to lose it! 

Help