Form 4-309. Thirty (30)-day notice of intent to dismiss for failure to prosecute.

[For use with Rule 2-305 NMRA] STATE OF NEW MEXICO IN THE _______________ COURT _____________________ COUNTY _______________________________, Plaintiff, v. No. __________ _______________________________, Defendant. THIRTY (30)-DAY NOTICE OF INTENT TO DISMISS FOR FAILURE TO PROSECUTE This action has been pending for six (6) months from the date the complaint was filed. The court finds that [the plaintiff] [the defendant asserting a counterclaim] has failed to take any available steps to have the claims resolved. If the [the plaintiff] [the defendant asserting a counterclaim] fails to take any available steps to bring the case to trial or otherwise prosecute the claims within thirty (30) days after service of this notice, the court shall dismiss the claims without prejudice for failure to prosecute. ________________________________ Judge