Legal Definitions - dismissed for want of prosecution

Dismissed for Want of Prosecution

This legal term refers to a situation where a court formally ends a lawsuit because the person who filed it (known as the plaintiff) has failed to actively and diligently move their case forward. Essentially, the court concludes that the plaintiff has not shown sufficient effort or taken the necessary steps to pursue their claim within a reasonable timeframe, leading to the case being removed from the court's active consideration.

• Example 1: Neglecting Discovery Requests

  Sarah sued a contractor for shoddy work on her home. After filing the lawsuit, the contractor's attorney sent Sarah several requests for documents, such as contracts, invoices, and photos of the damage, which are standard procedures in litigation (known as "discovery"). Despite multiple reminders and a court order setting a deadline, Sarah failed to provide any of the requested information for many months. The contractor's attorney then asked the court to dismiss the case.

  How it illustrates the term: Sarah, as the plaintiff, failed to diligently "prosecute" her case by not responding to crucial discovery requests, which are essential for moving a lawsuit forward. Her inaction led the court to dismiss her case for want of prosecution.

• Example 2: Repeatedly Missing Deadlines and Hearings

  A small business, "Bright Ideas Inc.," sued a former employee for breach of contract. Over the course of several months, Bright Ideas' attorney repeatedly missed court-imposed deadlines for filing required reports and failed to appear at two scheduled status conferences without providing a valid excuse. The judge had previously warned the attorney about these missed obligations.

  How it illustrates the term: Bright Ideas Inc., through its attorney, demonstrated a lack of diligence in pursuing its claim by consistently failing to meet court deadlines and attend mandatory hearings. This pattern of inactivity and non-compliance would likely result in the court dismissing their case for want of prosecution.

• Example 3: Prolonged Inactivity After Filing

  John filed a personal injury lawsuit after a car accident. However, after the initial filing, John moved to another state and became preoccupied with personal matters. For over a year, he took no further action on his case: he didn't serve the defendant with the lawsuit, didn't respond to any inquiries from the court, and didn't attempt to schedule any proceedings. The court, noticing the prolonged silence on its docket, issued an order for John to show cause why the case should not be dismissed.

  How it illustrates the term: John, the plaintiff, completely ceased "prosecuting" his case after filing it. His extended period of complete inactivity, without any effort to advance the lawsuit, clearly demonstrates a "want of prosecution," prompting the court to dismiss the case.