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 Virginia, when a party who has filed a lawsuit fails to actively pursue the case, it can lead to a presumption that the case has been abandoned. This inaction can result in 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 delays. An opposing party may file a motion to dismiss the case for want of prosecution if they believe the plaintiff is unreasonably delaying the case. Additionally, a judge in Virginia has the power to dismiss a case sua sponte, which means on their own initiative, without a motion from either party, if they determine that the case is not being actively pursued. This serves as a mechanism to ensure the efficient operation of the courts by removing cases that are not progressing towards resolution.