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 New Mexico, 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 lawsuit 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 want of prosecution if they believe the case is not being actively pursued. Additionally, a judge has the power to dismiss a case sua sponte, which means on their own initiative, without a request from any party, if they determine that there has been an unreasonable delay in moving the case toward resolution. The specific rules and timeframes for when a court may dismiss a case for want of prosecution are outlined in the New Mexico Rules of Civil Procedure.