Shope v. Eagle

ZAPPALA, Justice.

This appeal raises the issue of whether prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901. 1 We answer this inquiry in the affirmative and hold that the standard applicable to terminations for inactivity pursuant to a defendant’s motion for non pros applies equally to dismissals pursuant to Rule 1901. As Appellees have established prejudice, however, we affirm the decision of the Superior Court.

On July 26, 1990, Daniel E. Shope was involved in an…