Legal Definitions - DWOP

DWOP stands for Dismissal for Want of Prosecution.

A Dismissal for Want of Prosecution (DWOP) is a court order that terminates a lawsuit because the party who initiated the case (the plaintiff) has failed to take the necessary steps to move it forward within a reasonable or legally required timeframe. Courts use DWOPs to manage their caseloads, prevent cases from languishing indefinitely, and ensure that litigants are actively pursuing their claims. This dismissal can occur either at the court's own initiative or at the request of the opposing party (the defendant).

Here are some examples illustrating how a DWOP might apply:

• Example 1: Inactivity After Filing
  A person files a lawsuit alleging breach of contract against a company. After filing the initial complaint, the plaintiff takes no further action for over a year: they do not serve the defendant with the lawsuit, do not engage in discovery (the process of exchanging information), and do not respond to any court inquiries. The court, noticing the prolonged inactivity, may issue a DWOP, effectively ending the lawsuit due to the plaintiff's failure to actively pursue their claim.

• Example 2: Repeated Failure to Meet Deadlines
  In a complex property dispute, the court sets several deadlines for the plaintiff to submit expert witness reports and respond to the defendant's requests for information. The plaintiff repeatedly misses these deadlines, despite receiving extensions and warnings from the court. Eventually, the defendant files a motion asking the court to dismiss the case, or the court itself may decide to issue a DWOP, because the plaintiff's consistent failure to comply with court orders and advance the case is hindering its resolution.

• Example 3: Failure to Appear at Scheduled Hearings
  A plaintiff files a personal injury claim and a series of mandatory court hearings and conferences are scheduled. The plaintiff, without providing any valid excuse or prior notification, fails to appear at two consecutive scheduled status conferences. The judge, viewing this as a lack of diligent prosecution and respect for the court's process, may issue a DWOP, dismissing the plaintiff's case because they are not actively participating in its progression.