§ 2366 - Failure to prosecute petition
§ 2366. Failure to prosecute petition
If the petition is not served or filed within such time as the supreme court may by rule provide for the service or filing of the complaint in a civil action in a superior court, the action may be dismissed on motion and notice. The court shall thereupon render judgment for the petitionee to recover his costs, and, if the court is of opinion that the petition was brought to delay the collection of an execution, it shall award to the original creditor twelve per cent interest on the original debt, with double costs. (Amended 1971, No. 185 (Adj. Sess.), § 55, eff. March 29, 1972.)