Legal Definitions - DWOP docket

A DWOP docket refers to a court's list of cases that are being considered for Dismissal for Want of Prosecution. "Dismissal for Want of Prosecution" (DWOP) is a legal term meaning that a court may dismiss a case because the plaintiff (the party who filed the lawsuit) or, in some jurisdictions, both parties, have failed to take the necessary steps or actions to move the case forward within a reasonable or specified period. The DWOP docket serves as a warning or a final review list before the court formally closes these inactive cases.

Here are some examples illustrating a DWOP docket:

• Example 1: Stalled Personal Injury Claim

  Imagine a car accident victim filed a lawsuit against the at-fault driver. After the initial complaint and answer were filed, the plaintiff's attorney experienced a significant staff turnover and failed to conduct any discovery (like depositions or interrogatories) or respond to court deadlines for over a year. The court, noticing this prolonged inactivity, might place this personal injury case on its DWOP docket. This signals to both parties that if no action is taken soon to advance the case, the court intends to dismiss it due to the lack of prosecution by the plaintiff.

• Example 2: Unresolved Business Contract Dispute

  A small business sued a supplier for breach of contract. After the initial exchange of legal documents, both companies decided to explore an out-of-court settlement but never formally notified the court or requested a stay. Months passed, and no further filings or communications were made to the court. To manage its caseload and ensure active cases are being pursued, the court could add this contract dispute to its DWOP docket. This action prompts the parties to either resume litigation, finalize their settlement, or face the dismissal of their case for failing to prosecute it.

• Example 3: Inactive Divorce Proceeding

  A couple filed for divorce, but after the initial petition and response, they decided to try reconciliation and stopped engaging with their attorneys or the court. They never formally withdrew the divorce petition. After several months of no activity, no motions filed, and no progress towards a final decree, the court might place their divorce case on its DWOP docket. This serves as a notice that the court will dismiss the case unless the couple or their attorneys take steps to either finalize the divorce or formally withdraw the petition, indicating that the case is no longer being actively pursued.