Form 4-310 NMRA
Form 4-310. Order of dismissal for failure to prosecute.
[For use with Rule 2-305 NMRA]
STATE OF NEW MEXICO
IN THE _______________ COURT
_____________________ COUNTY
_______________________________, Plaintiff,
v.
No. __________
_______________________________, Defendant.
ORDER OF DISMISSAL
FOR FAILURE TO PROSECUTE
The [plaintiff] [defendant asserting a counterclaim] failed for six (6) months from the date
the complaint was filed to take any available steps to take this case to trial or otherwise
prosecute the claims. On ______________ (date), the court filed and served a thirty
(30)-day notice of intent to dismiss for failure to prosecute. The [plaintiff] [defendant
asserting a counterclaim] failed to take any available steps to bring the case to trial or
otherwise prosecute the claims within thirty (30) days after service of the notice.
IT IS ORDERED that the [plaintiff’s claims] [defendant’s counterclaims] are dismissed
without prejudice for failure to prosecute.
________________________________
Judge