Supreme Court Rules - Rule 67 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Dismissal of Civil Actions: Final Dismissal on Failure to Amend

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Supreme Court Rules

		Section/Rule:	67.06
Subject:	Rule 67 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Dismissal of Civil Actions	Publication / Adopted Date:	January 19, 1973
Topic:	Final Dismissal on Failure to Amend	Revised / Effective Date:	September 1, 1973

67.06. Final Dismissal on Failure to Amend

On sustaining a motion to dismiss a claim, counterclaim or cross-claim the court shall freely grant leave to amend and shall specify the time within which the amendment shall be made or amended pleading filed. If the amended pleading is not filed within the time allowed, final judgment of dismissal with prejudice shall be entered on motion except in cases of excusable neglect; in which cases amendment shall be made promptly by the party in default.

(Amended Jan. 19, 1973, eff. Sept. 1, 1973.)

Committee Note - 1974

This is the same as prior Rule

67.05

Compare:

Rule 41(b) of the Federal Rules of Civil Procedure.