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Rule 4. ABANDONMENT OF CIVIL APPEAL

A. Except as provided hereafter, when no activity occurs in an appeal for three years, the appeal shall be dismissed as abandoned, and notice thereof shall be sent to the appellant or the appellant's attorney at the last address shown on the court's records.

B.  If a stay order or notice thereof resulting from a bankruptcy, receivership, liquidation, or like proceeding is filed the Clerk of Court shall send a notice to the appellant that one year thereafter the appeal shall be dismissed as abandoned unless the appellant in the meantime files a motion showing why the appeal should not be dismissed.

C. If the court is notified that a case has been settled or that the progress of a case should be suspended for any reason the Clerk of Court shall send a notice to the appellant that ninety days thereafter the appeal shall be dismissed as abandoned unless the appellant in the meantime files a motion showing why the appeal should not be dismissed.

D. In the event that an appellant files a written motion pursuant to Section (B) or (C) the court may order that the appeal be dismissed as scheduled, that the time of the dismissal be extended, or that any other appropriate action be taken.            

The Court of Appeal, First Circuit, by resolution adopted March 4, 1994, adopted new Local Rules 1 and 2.  The new rules replaced Local Rules 1 to 4 adopted in 1986. A new local rule 4, relating to abandonment of Civil Appeals, was adopted in 2001.