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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 Mississippi, 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. Either a party involved in the lawsuit can request the court to dismiss the case for want of prosecution, or the court may decide to do so on its own initiative, which is known as a sua sponte dismissal. The purpose of this rule is to ensure that cases are resolved in a timely manner and that court resources are not wasted on inactive cases. Specific time frames and procedures for such dismissals are governed by Mississippi Rules of Civil Procedure and local court rules, which outline how and when a court may decide to dismiss a case for lack of prosecution.

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Civil procedure

dismissal for want of prosecution

Individual & Family Legal Plan

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Mississippi State Code

Mississippi State Code

Civil procedure

dismissal for want of prosecution

Articles