Legal Definitions - want of prosecution

Want of prosecution refers to a situation where a party who has initiated a legal case fails to take the necessary steps to move that case forward in a timely and diligent manner. This inaction or lack of effort can lead to the court dismissing the case, often without considering the merits of the underlying dispute, because the party has not shown sufficient commitment to pursuing their claim.

Here are some examples illustrating "want of prosecution":

• Example 1: Failure to file required documents

  Imagine a person files a lawsuit against a contractor for shoddy work. After filing the initial complaint, the court sets a deadline for the plaintiff to submit a detailed list of damages and supporting evidence. However, the plaintiff misses this deadline and several subsequent extensions without providing any explanation or the required documents. This prolonged failure to provide essential information demonstrates a want of prosecution. The court might dismiss the case because the plaintiff is not actively working to prepare their claim for resolution, causing unnecessary delays and burdening the court's resources.

• Example 2: Ignoring court orders and discovery requests

  Consider a business suing a former partner for breach of contract. During the "discovery" phase, the court orders both parties to exchange specific financial records and participate in a mandatory mediation session. The plaintiff's legal team repeatedly ignores these court orders and fails to respond to the defendant's requests for documents and information. This consistent non-compliance with court directives and discovery obligations signifies a want of prosecution. The court could dismiss the lawsuit because the plaintiff is hindering the legal process and not making a good-faith effort to advance the case towards trial or settlement.

• Example 3: Prolonged inactivity in a case

  A driver files a personal injury lawsuit after a car accident. After the initial filings, the plaintiff's attorney takes no further action for over a year—no new motions are filed, no depositions are scheduled, and there's no communication with the opposing counsel or the court. Despite the court's general expectation for cases to progress, the plaintiff's side remains completely dormant. This extended period of unexplained inactivity clearly indicates a want of prosecution. The court may conclude that the plaintiff is no longer serious about pursuing the claim and dismiss the case to clear its docket and prevent the defendant from being left in legal limbo indefinitely.