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Dan, Retired JD
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What does dismissal calendar mean?

The "dismissal calendar" is the date set in a trial proceeding, where if nothing has happened by that date the proceeding will be called and dismissed.

For instance, in a divorce - people sometimes file the divorce as a wake-up call to their spouse. There might be a preliminary hearing where temporary orders are set (who moves out of the house, how finances will get handled while the divorce is in process, etc.). And the matter will be put on the "dismissal calendar". Sometimes the parties don't really do anything about the divorce, and so when that calendar date comes up (maybe a year down the road) if no one is at the hearing giving an explanation that things are in progress, but they need more time, the judge will dismiss the case ("without prejudice" - which means it can always be re-filed).

If dismissed, the parties usually have the right for a certain amount of time to ask that it be re-opened. Otherwise, they will have to file for divorce again if they decide they still want to get divorced.

Here is an excerpt from one court's procedure manual:
528. DISMISSAL
Actions. Each judge periodically shall set a dismissal calendar for all actions assigned to such judge and not set for trial, and which are one year or older. If the action is not dismissed at the call of the calendar, counsel shall be directed to take certain action within a specified time. If such is not done within the prescribed time, the action shall be dismissed without further notice.
An order dismissing an action may only be vacated, in the discretion of the Court, upon a written stipulation between the parties or upon motion.
See: http://www.wisbar.org/AM/Template.cfm?Section=Rules_for_the_Family_Division

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Question

In a divorce, what does dismissal calendar mean?

Submitted: 9 years ago.
Category: Legal
Expert:  Dan replied 9 years ago.

The "dismissal calendar" is the date set in a trial proceeding, where if nothing has happened by that date the proceeding will be called and dismissed.

For instance, in a divorce - people sometimes file the divorce as a wake-up call to their spouse. There might be a preliminary hearing where temporary orders are set (who moves out of the house, how finances will get handled while the divorce is in process, etc.). And the matter will be put on the "dismissal calendar". Sometimes the parties don't really do anything about the divorce, and so when that calendar date comes up (maybe a year down the road) if no one is at the hearing giving an explanation that things are in progress, but they need more time, the judge will dismiss the case ("without prejudice" - which means it can always be re-filed).

If dismissed, the parties usually have the right for a certain amount of time to ask that it be re-opened. Otherwise, they will have to file for divorce again if they decide they still want to get divorced.

Here is an excerpt from one court's procedure manual:
528. DISMISSAL
Actions. Each judge periodically shall set a dismissal calendar for all actions assigned to such judge and not set for trial, and which are one year or older. If the action is not dismissed at the call of the calendar, counsel shall be directed to take certain action within a specified time. If such is not done within the prescribed time, the action shall be dismissed without further notice.
An order dismissing an action may only be vacated, in the discretion of the Court, upon a written stipulation between the parties or upon motion.
See: http://www.wisbar.org/AM/Template.cfm?Section=Rules_for_the_Family_Division

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