Legal Question in Real Estate Law in Indiana

Re: civil lawsuit

Under Indiana Trial Rule 41(E), if the plaintiffs have taken no action in the case for at least 60 days, then you can file a motion with the court to dismiss the cause of action against you for plaintiffs' "failure to prosecute." (That would be your basis--plaintiffs' failure to prosecute, which is the plaintiffs' failure to take any steps to pursue the claim against you.)

A dismissal is not automatic, though. The court may order a hearing to allow the plaintiffs to show cause why the action should not be dismissed. If the plaintiffs offer some reason for their delay in pursuing their claim against you, the court will decide whether to dismiss the cause (deciding their reasons weren't good enough), or to allow the case to proceed. The court will often order that the plaintiffs make some substantive action within a certain amount of time, though, if it allows the case to go forward. (The court may order a status update at a certain date to ensure the plaintiffs are in fact pursuing the claim, for instance.)

If the case has become a "dormant" case with nothing happening, a motion under Trial Rule 41(E) could be your best bet.

You can see the text of the trial rule at this link: http://www.in.gov/judiciary/rules/trial_proc/index.html#41

All the best,

Marissa Bracke