Rule 48.14 Individual File Checklist
At the individual file level, there are many tasks and deadlines that are handled directly by lawyers and staff. Lawyers and staff play an essential part in making sure work is proceeding and that tasks are not missed. It is important to make sure that the critical deadlines under the new Rule 48.14 are noted within individual files and tickler systems. Please keep in mind the most significant change: courts are now automatically dismissing actions not set down for trial five years after commencement, without sending notices of any type to parties or their lawyers.
LAWPRO’s Individual File Checklist (PDF) will help you make sure the deadlines noted within individual files and tickler systems are updated to reflect the new Rule 48.14. Ensure that one person is responsible for filling out the checklist and carrying out the tasks, including setting and tickling the Rule 48 deadline appropriately, along with other dates for trial scheduling court, pre-trial, and trial. This easy-to-use flowchart is designed so anyone in the law firm can determine the relevant Rule 48 deadlines. Fill it out and keep a copy in every file.
This checklist is from LAWPRO’s Rule 48.14 Transition Toolkit. It provides advice, forms and checklists that lawyers and law firms can use to lessen the risk of a claim under the new Rule 48.14. You can also download other individual documents from the Toolkit:
- Firm Transition Checklist: Review this checklist to make sure your firm’s processes and tickler systems are updated to reflect the new Rule 48.14.
- File Progress Plan Precedent: Use a file progress plan to assign tasks and track how work on a file is proceeding.
- Rule 48.14 Transition Training PowerPoint: Use this PowerPoint presentation, which includes detailed speaking notes, to train lawyers and staff on best practices to prevent a Rule 48.14 dismissal.