Legal terminology can often be complex and even misleading to those not familiar with the justice system. Certain phrases may sound harmless or even beneficial but carry significant legal consequences. One such term is “dismissal for want of prosecution.” If you’re involved in a civil case, understanding what this term means, why it occurs, and how to respond can be critical to protecting your legal rights and options.
In this article, we’ll walk you through the meaning of a dismissal for want of prosecution, explore its potential effects, and provide practical steps on what you should do if it happens in your case.
What Is a Dismissal for Want of Prosecution?
Dismissal for want of prosecution occurs when a lawsuit is terminated because the plaintiff—the person who filed the lawsuit—fails to actively pursue the case. In other words, the court closes the case because it appears the plaintiff has abandoned it or is not taking the necessary steps to move it forward.
This type of dismissal is most common in civil litigation, such as breach of contract, property disputes, or personal injury claims. When there’s been a prolonged period of inactivity—such as missed deadlines, failure to file necessary motions, or not showing up to hearings—the court may issue a dismissal for want of prosecution on its own (also called “sua sponte”) or at the request of the defendant.
The purpose behind this rule is to keep the court system efficient. Courts aim to avoid clogging the docket with cases that have stalled or are no longer being pursued.
When Can a Case Be Dismissed for Want of Prosecution?
The timeline and rules for dismissing a case for want of prosecution vary depending on the jurisdiction, but the common thread is inactivity. A judge might consider a case eligible for dismissal if:
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The plaintiff misses a scheduled hearing without notice or valid reason.
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Court deadlines are ignored or repeatedly extended without justification.
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No filings or updates have been made on the case for a certain amount of time—often several months or more.
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Orders from the court are not followed.
Before dismissing the case, the court may issue a warning or a “notice of intent to dismiss.” This gives the plaintiff an opportunity to explain the delay or take immediate action. If no sufficient action is taken, the court may proceed with the dismissal.
What Happens After a Dismissal for Want of Prosecution?
When a case is dismissed for want of prosecution, the judge essentially rules in favor of the defendant because the plaintiff failed to pursue the case diligently. This type of dismissal can be “with prejudice” or “without prejudice”:
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With prejudice means the plaintiff is barred from filing the same claim again.
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Without prejudice means the plaintiff can re-file the lawsuit, provided they address the issues that led to the dismissal.
Whether or not the dismissal is final depends on the circumstances and the jurisdiction’s rules. If the plaintiff can present a valid reason for the delay—such as medical issues, unforeseen emergencies, or procedural confusion—they may be able to file a motion to reinstate the case. The court will then evaluate whether the explanation justifies reopening the case.
In the meantime, the defendant is no longer required to participate in the lawsuit unless it’s re-filed or reinstated.
Is a Dismissal for Want of Prosecution Good or Bad?
Whether a dismissal for want of prosecution is viewed positively or negatively depends entirely on which side of the lawsuit you’re on.
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For defendants, this type of dismissal is generally good news. It effectively ends the case without a trial, and no judgment is entered against them. It can also save the defendant time, stress, and legal expenses.
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For plaintiffs, however, it can be a major setback. It signals a failure to pursue the case within the court’s required timelines and can damage the case’s credibility. If the case is dismissed with prejudice, it may never be heard again. Even if it’s without prejudice, re-filing can be costly and time-consuming.
In some instances, a dismissal might offer a second chance. Plaintiffs who face legitimate personal or logistical challenges—like illness or lack of legal support—may use the opportunity to regroup, seek legal representation, and come back better prepared.
What Should You Do if Your Case Is Dismissed for Want of Prosecution?
If your case has been dismissed for want of prosecution, you still have options—but time is critical.
1. Review the Court’s Order
Start by thoroughly reviewing the court’s dismissal order. Determine whether the dismissal was with or without prejudice, and note any deadlines for filing a motion to reinstate or appeal.
2. Consult an Attorney
Even if you were representing yourself up to this point, now is the time to seek legal help. An experienced civil litigation attorney can review your case, identify what went wrong, and help you determine whether you can have the case reinstated.
3. File a Motion to Reinstate
If you had a valid reason for the delay in pursuing your case, you can file a motion asking the court to reopen the matter. Your attorney will help you explain the circumstances clearly and demonstrate that you’re now prepared to move forward.
4. Act Quickly
There are strict deadlines involved in requesting reinstatement or appealing a dismissal. Waiting too long could result in losing your chance to revive the case entirely.
How a Dismissal for Want of Prosecution Can Impact Future Cases
While a single dismissal for want of prosecution may not directly prevent you from pursuing other legal matters, it can have lingering effects:
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Reputation: Multiple dismissals may reflect poorly on you as a plaintiff and affect how seriously future courts and opposing parties take your claims.
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Judicial Bias: Judges may scrutinize any future delays more carefully, especially if you’ve had cases dismissed before.
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Legal Precedent: If your case is dismissed with prejudice, you cannot re-file it. This could impact your ability to obtain justice or compensation in the matter at hand.
For these reasons, taking proactive steps to stay on top of deadlines and court requirements is essential for anyone pursuing civil litigation.
Should You Hire a Lawyer?
Yes—particularly if your case has already been dismissed for want of prosecution or if you believe you’re at risk of such a dismissal. Legal representation can make the difference between a dismissed case and a successful resolution.
An attorney can:
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Help you track and meet critical court deadlines.
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Prepare and file motions correctly and on time.
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Communicate with the court and opposing counsel on your behalf.
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File a motion to reinstate your case, if necessary.
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Ensure your rights are protected throughout the legal process.
At Doane & Doane, P.A. in Palm Beach Gardens, FL, our experienced legal team handles a wide range of civil litigation matters, including those dismissed for want of prosecution. We’re here to guide you through the reinstatement process and fight for the outcome you deserve.
Contact Doane & Doane Today
If your case has been dismissed for want of prosecution—or you fear it might be—don’t wait to take action. Reach out to the knowledgeable attorneys at Doane & Doane. We’ll evaluate your case, explain your legal options, and help you determine the best course of action to move forward.
Call us today to schedule a consultation. With the right legal support, you can get your case back on track and ensure your side of the story is heard.