(1) If the plaintiff does not within a reasonable time after the commencement of the proceeding file and serve notice of trial or apply to have a date fixed for the trial of the proceeding, the defendant—
(a) may file and serve notice of trial; or
(b) may apply to the Court under Rule 24.01 to dismiss the proceeding for want of prosecution.
(2) If the Court fixes a date for the trial of the proceeding subject to the plaintiff's filing and serving notice of trial within a certain time and the plaintiff fails to file and serve notice of trial within that time, the defendant within seven days thereafter—
(a) may file and serve notice of trial; or
(b) may apply to the Court under Rule 24.01 to dismiss the proceeding for want of prosecution.