§ 9-8-5 - Annual action by court.

SECTION 9-8-5

   § 9-8-5  Annual action by court. – (a) Thereafter during the first week in February in each year, or as soon asthereafter is practicable, all actions at law, and other proceedings designatedby the respective courts, deemed by the court to be inactive and then pendingin the supreme court, the superior court, the family court, or the districtcourt for five (5) years or more, may be dismissed for lack of prosecution,without costs. Entries of such dismissals shall be made as of course by theclerk, upon order of the chief justice, presiding justice, or chief judges ofthe respective courts, after notice has been duly given of the date upon whichthe cases will stand dismissed. The notice shall be given once a week for two(2) successive weeks at least three (3) weeks before the date in a newspaperhaving general circulation in the county or district where the action ispending.

   (b) Upon the date any party desiring to be heard inopposition to dismissal of a case in which he or she appears may appear beforethe respective court (in the superior court before the presiding justice) andbe heard thereon, and the court may in its discretion dismiss or stay dismissalof the case for such period as it may fix. Extensions of the period may also begranted. Any adversary party shall not be thereby prevented from making aspecial motion for dismissal within the period so fixed or extended.