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 South Dakota, 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. The dismissal for lack of action can be requested by the opposing party through a motion to the court, or the judge may decide to dismiss the case on their own initiative, known as sua sponte. This procedural action serves to prevent undue delays in the legal process and to ensure that the court's time is used efficiently. The specific rules and time frames for when a court may dismiss a case for want of prosecution are outlined in South Dakota's laws and court rules.