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Civil procedure

dismissal for want of prosecution

When a party who files a lawsuit unreasonably delays moving the lawsuit toward a resolution (delays prosecution of the case), it is presumed the case has been abandoned, and the court may dismiss the lawsuit for want of prosecution. Such a dismissal for want of prosecution is commonly referred to as a DWOP. A party may ask the court to dismiss a case for want of prosecution, or the judge may do so without a request from a party (sua sponte).

In California, if a party who has filed a lawsuit fails to actively pursue the case, it may be presumed that the case has been abandoned. This can lead to the court dismissing the case for lack of prosecution, often abbreviated as DWOP. Both the California Code of Civil Procedure and local court rules outline the circumstances under which a case may be dismissed for want of prosecution. A dismissal for want of prosecution can be initiated by a motion from the opposing party or the court can do so on its own accord (sua sponte). The court typically provides notice to the parties before dismissing a case for this reason, giving the plaintiff an opportunity to demonstrate that the case has not been abandoned and should not be dismissed.

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Civil procedure

dismissal for want of prosecution

Individual & Family Legal Plan

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California State Code

California State Code

Civil procedure

dismissal for want of prosecution

Articles