In response to complaints that some judges were prematurely issuing a court rule that can be used to dismiss cases, an advisory committee has recommended changes to CPLR 3216, which governs neglect to prosecute cases, to prevent judges from giving a dismissal warning before there is actual evidence of neglect.
"In many cases the parties are actively prosecuting or defending the matter and, given an opportunity to do so, would be prepared to establish that fact to the court, a result infinitely more beneficial to the litigants than an outright dismissal by the court clerk’s office," according to a new report from the Advisory Committee on Civil Practice to the Chief Administrative Judge.
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