I have an alienation of affections case in NC. The plaintiff has lost his lawyer(over 45 days ago) and not hired a new one. Nothing has happened since April of 09 regarding filings , interogatories or any other motions. I want to file motion to dismiss but on what grounds? Format? Plaintiff has tried to use this in settlement offers to spouse, i.e. release for gain on his part.

After a certain amount of time the Judge will set down a final hearing if there is no activity after a year's time (sometimes a year or year and a half). If you chose to wait until you get some sort of notification from the Judge's office that there is a hearing scheduled, fine. If you want to file a Motion to Dismiss for failure to litigate the case that may prompt the plaintiff to retain another attorney.