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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 Maryland, 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. The dismissal for lack of progress can be initiated by a motion from the opposing party or can be done by the judge on their own accord (sua sponte). Maryland Rule 2-507 outlines the procedure for dismissal of a case for lack of prosecution, allowing the court to issue a notice to the party at risk of dismissal. The party then has a certain period, typically 30 days, to take appropriate action or the case may be dismissed without further notice. This rule is designed to prevent undue delays in the legal process and to ensure that the court's resources are used efficiently.

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Civil procedure

dismissal for want of prosecution

Individual & Family Legal Plan

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Maryland State Code

Maryland State Code

Civil procedure

dismissal for want of prosecution

Articles