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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 Idaho, 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 want of prosecution, often abbreviated as DWOP. Both the opposing party and the court have the authority to address such inactivity. An opposing party may file a motion to dismiss the case for lack of prosecution, citing the unreasonable delay. Alternatively, the judge may independently decide to dismiss the case sua sponte, which means 'on their own motion,' without any party requesting it. This mechanism serves to prevent court dockets from being clogged with inactive cases and to encourage the timely and efficient resolution of disputes.

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Civil procedure

dismissal for want of prosecution

Individual & Family Legal Plan

Articles

Idaho State Code

Idaho State Code

Civil procedure

dismissal for want of prosecution

Articles