Ashby v. W. Council, Lumber Prod. & Indus. Workers

In Ashby v. W. Council, Lumber Prod. & Indus. Workers, 117 Idaho 684, 791 P.2d 434 (1990), the Idaho Supreme Court enumerated factors that must be expressly considered by the trial court in deciding whether dismissal with prejudice is warranted: "The two primary factors are a clear record of delay and ineffective lesser sanctions, which must be bolstered by the presence of at least one "aggravating" factor, including: delay resulting from intentional conduct; delay caused by the plaintiff personally, or; delay causing prejudice to the defendant. The consideration of these factors must appear in the record in order to facilitate appellate review." Id. at 686-87, 791 P.2d at 436-37.