Legal Definitions - no progress

The legal term "no progress" refers to a situation in a lawsuit where a party, typically the plaintiff (the individual or entity who initiated the legal action), fails to take the necessary steps to advance their case within a reasonable timeframe or according to court rules. When a court observes "no progress," it may consider dismissing the case due to a want of prosecution, meaning there's a lack of effort or diligence in pursuing the legal claim.

Here are some examples illustrating "no progress":

• Example 1: Personal Injury Claim Stalls

  A person files a lawsuit seeking damages for injuries sustained in a slip-and-fall accident. After the initial filing, the plaintiff's attorney fails to respond to the defendant's requests for information (known as discovery), does not schedule any depositions (interviews under oath), and misses several court-imposed deadlines for submitting required documents. For over a year, no substantive action is taken to move the case towards a resolution or trial.

  This demonstrates "no progress" because the plaintiff, despite initiating the lawsuit, has not actively engaged in the procedural steps necessary to develop their case, respond to the opposing party, or prepare for a hearing or trial. The court might dismiss the case due to this prolonged inactivity.

• Example 2: Business Contract Dispute Languishes

  A small business sues a former partner for breach of contract. The court sets a schedule for the parties to exchange evidence and identify witnesses. The plaintiff business repeatedly fails to submit its witness list, provide requested financial documents, or attend scheduled mediation sessions. The court's attempts to contact the plaintiff's legal representative about the case status go unanswered for several months.

  Here, "no progress" is evident through the plaintiff's consistent failure to comply with court orders and participate in essential dispute resolution processes. This inaction prevents the case from moving forward and indicates a lack of commitment to prosecuting the claim.

• Example 3: Unserved Property Dispute

  An individual files a lawsuit to resolve a long-standing boundary dispute with a neighbor. However, after filing the initial complaint with the court, the individual never takes the crucial step of formally "serving" the lawsuit papers on the neighbor. Serving the defendant is legally required to officially notify them of the lawsuit and bring them under the court's jurisdiction. Months pass without any attempt to serve the defendant or take any other procedural steps.

  This illustrates "no progress" because a fundamental and mandatory step to initiate the legal process against the opposing party has been neglected. Without proper service, the case cannot legally proceed, showing a complete lack of effort to advance the legal action.