| (1) |
An action to review a decision of the state engineer from an informal adjudicative proceeding may be dismissed upon the application of any of the parties upon the grounds provided in Utah Rules of Civil Procedure, Rule 41 for:
Terms Used In Utah Code 73-3-15- Adjudicative proceeding: means :Utah Code 68-3-12.5
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
| (a) |
the dismissal of actions generally; and |
| (b) |
failure to prosecute the action with diligence. |
|
| (2) |
For the purpose of this section, failure to prosecute a suit to trial within two years after it is filed gives rise to a rebuttable presumption of a lack of diligence. |
| (3) |
In evaluating the rebuttable presumption, the court shall consider the totality of the circumstances. |
Amended by Chapter 248, 2009 General Session
