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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 New York, if a party who has initiated 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. The dismissal for lack of prosecution can occur either through a motion by the opposing party or by the court acting on its own initiative (sua sponte). New York courts have established rules and time frames within which parties must take certain actions to move a case forward. If these are not adhered to, and there is an unreasonable delay without good cause, the court has the discretion to dismiss the case to clear the docket and prevent the judicial system from being burdened with inactive cases.

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Civil procedure

dismissal for want of prosecution

Individual & Family Legal Plan

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New-York State Code

Civil procedure

dismissal for want of prosecution

New-York State Code

Articles