Legal Definitions - W.O.P.

W.O.P. stands for Want of Prosecution.

This legal term refers to the dismissal of a lawsuit or criminal charges by a court because the party responsible for moving the case forward (the plaintiff in a civil case or the prosecution in a criminal case) has failed to take the necessary steps or actions to advance the case within a reasonable or legally mandated timeframe. It signifies that the case has stalled due to a lack of diligent effort or progress from the party that initiated it.

Here are some examples illustrating Want of Prosecution:

• Civil Case - Plaintiff's Inaction: Imagine a person files a lawsuit against a contractor for shoddy work. After the initial complaint is filed, the plaintiff's attorney becomes unresponsive, misses several court-imposed deadlines for submitting documents, and fails to appear at a mandatory status conference without explanation. The court, observing no effort to advance the case towards resolution, could dismiss the lawsuit for want of prosecution. This means the case is ended because the plaintiff failed to diligently pursue their claim.

• Criminal Case - Prosecution's Delay: A district attorney's office charges an individual with a crime. However, for several months, the prosecution repeatedly requests postponements, fails to provide the defense with promised evidence, and does not prepare for trial. The judge, noting the significant delays and lack of progress from the prosecution, might dismiss the charges on the grounds of want of prosecution, especially if the defendant's right to a speedy trial is being impacted. The court concludes the prosecution is not actively pursuing the case.

• Civil Case - Failure to Serve: A company files a breach of contract lawsuit against a former employee. However, the company's legal team fails to properly serve the defendant with the legal papers (the summons and complaint) within the statutory period allowed by law (e.g., 120 days) and does not seek an extension from the court. The court could then dismiss the case for want of prosecution, as the plaintiff's failure to complete this fundamental procedural step prevents the case from moving forward.