§ 9-8-3 - Dismissal for lack of prosecution.
SECTION 9-8-3
§ 9-8-3 Dismissal for lack of prosecution.– (a) The supreme court, the superior court, the family court, or the districtcourt may, at any time, in its discretion, dismiss actions at law and otherproceedings for lack of prosecution which have been pending for five (5) yearsor more, after notice and opportunity for hearing.
(b) Notice that an action or proceeding will be in order fordismissal on a day certain shall be given by the moving party (or by the clerkif upon the court's own motion) by mailing written notice to the attorney ofrecord, or if there is no attorney of record or the attorney has deceased, thento the party if his or her address appears in the papers of the case. In theevent there is no attorney of record, or he or she is deceased, and the addressof the party is unknown, notice may be given by insertion of a newspaperadvertisement published in a daily newspaper which has circulation in thecounty or district where the action was instituted, at least once. Acertificate of the notice given shall be placed in the papers by the clerk.