Understanding Dismissal for Want of Prosecution: What It Means for Your Case

In the legal world, dismissal for want of prosecution is a term that can be both confusing and concerning. While it might sound like a technicality, understanding what this phrase really means is crucial to understanding how your case might be impacted. Whether you’re a plaintiff or defendant, this type of dismissal can have significant consequences for the outcome of your case.

This blog will explain what dismissal for want of prosecution entails, how it impacts the parties involved, and what you should do if it happens to you.

What Does "Dismissal for Want of Prosecution" Mean?

A dismissal for want of prosecution happens when a court dismisses a case due to the plaintiff’s failure to take necessary steps to move the case forward. Essentially, this means the plaintiff has not met deadlines, filed required documents, or followed through with other actions needed to keep the case active.

This type of dismissal typically occurs in civil cases, such as contract disputes, personal injury claims, or property damage lawsuits. If there is no movement in the case—whether due to neglect or inaction—the court may decide to dismiss the case in favor of the defendant.

What Happens When Your Case is Dismissed for Want of Prosecution?

If your case is dismissed for want of prosecution, it essentially means the court is ruling in favor of the defendant because the plaintiff failed to actively pursue the case. However, this doesn’t necessarily signal the end of the case.

• For Defendants: If you are the defendant, a dismissal for want of prosecution can be a positive outcome. It means that, at least for now, the legal action against you is dismissed. Unless the plaintiff re-files the case, you are no longer at risk.

• For Plaintiffs: If you are the plaintiff, a dismissal for want of prosecution does not always mark the end of your case. You may have the opportunity to re-file the case, especially if you can show a valid reason for the delay, such as illness, personal issues, or other unforeseen circumstances. However, if you fail to re-file in a timely manner, the dismissal becomes permanent.

Is Dismissal for Want of Prosecution a Good or Bad Outcome?

The effects of a dismissal for want of prosecution depend largely on your role in the case. Here’s how it can play out:

For Defendants:

• A Positive Outcome: If you’re the defendant, a dismissal for want of prosecution generally works in your favor. The case is dismissed, and unless the plaintiff re-files, you are no longer in jeopardy.

For Plaintiffs:

• A Double-Edged Sword: While a dismissal for want of prosecution can be frustrating for plaintiffs, it isn’t always the end. It provides the chance to re-file the case and continue pursuing it—provided you can justify the delay. However, if you fail to take action quickly, the case may be permanently dismissed.

Risks and Rewards: Ultimately, whether the dismissal is good or bad depends on the plaintiff's ability to act quickly and re-file the case. If the plaintiff misses that opportunity, the case could be closed for good.

Should You Hire a Lawyer if Your Case is Dismissed for Want of Prosecution?

If your case has been dismissed for want of prosecution, hiring an attorney can be a wise choice. Here’s why:

• For Plaintiffs: If your case was dismissed due to inactivity or missed deadlines, a lawyer can help you understand why this happened and how to re-file. They can assist with gathering the necessary documentation, meeting deadlines, and ensuring you’re fully prepared to restart the case.

• For Defendants: If you’re the defendant and your case has been dismissed, an attorney can help ensure that the dismissal is final. They can also assist you if the plaintiff decides to appeal or re-file the case.

In either case, having legal representation can ensure that you don’t miss any important steps and increase your chances of achieving the best possible outcome.

Conclusion

A dismissal for want of prosecution means the court has dismissed a case due to the plaintiff’s failure to move it forward. While this typically benefits the defendant, it also gives the plaintiff the opportunity to re-file the case if they can justify the delay.

If you find yourself dealing with a dismissal for want of prosecution, it’s crucial to understand your options. Whether you're a plaintiff looking to re-file or a defendant trying to secure a permanent dismissal, consulting with an experienced lawyer can guide you through the process and help you achieve the best result.

Contact Us if You’ve Been Dismissed for Want of Prosecution

If your case has been dismissed for want of prosecution, or if you're concerned about delays in your case, it’s important to seek legal advice. At Doane & Doane, we have experience working with clients whose cases have been dismissed and can provide the guidance you need to move forward.

Reach out to us today for a consultation, and let us help you navigate your legal options.