Legal Definitions - Nonproliferation Bureau

Non Prosequitur

Non Prosequitur is a Latin legal term, often shortened to non pros, which refers to a judgment entered against a plaintiff (the party who initiated a lawsuit) because they have failed to actively pursue or prosecute their case. Essentially, if a plaintiff does not take the necessary steps to move their lawsuit forward within a reasonable timeframe or according to court rules, the court may dismiss the case. This dismissal acts as a judgment against the plaintiff for their inaction.

• Example 1: Neglecting Discovery Deadlines
  Imagine Sarah files a lawsuit against a contractor for shoddy home repairs. The court sets a schedule for "discovery," which is the process where both sides exchange information and evidence. Sarah, as the plaintiff, is required to respond to the contractor's requests for documents and answer written questions (interrogatories) by a specific deadline. If Sarah repeatedly misses these deadlines, ignores court orders to comply, and fails to provide the requested information without a valid excuse, the contractor's attorney might ask the court to issue a non prosequitur. The court, seeing Sarah's lack of action in pursuing her own case, could then dismiss her lawsuit.

• Example 2: Abandoning a Small Claims Case
  Consider Mark, who sues his former roommate in small claims court for unpaid rent. After filing the initial paperwork and serving the roommate, Mark gets a new job in another city and loses interest in the case. He misses the scheduled court hearing, fails to respond to any notices from the court, and makes no effort to reschedule or communicate his intentions. Because Mark, as the plaintiff, has completely abandoned his pursuit of the claim, the court would likely enter a non prosequitur, effectively closing the case against him due to his inaction.

• Example 3: Failure to Advance to Trial
  A company, "Tech Solutions Inc.," sues a competitor for patent infringement. After several months of preliminary filings and initial exchanges, the case stalls. Tech Solutions Inc. fails to schedule depositions, does not file required pre-trial motions, and misses multiple court-imposed deadlines to prepare the case for trial. The defendant's legal team, seeing no progress from the plaintiff, could petition the court for a non prosequitur. If the court agrees that Tech Solutions Inc. has not diligently pursued its claim, it would dismiss the lawsuit, preventing the case from moving forward to trial.