Definition: Want of Prosecution refers to the situation where an individual initiates a legal case but fails to proceed with it, resulting in potential dismissal of the case. This term is also commonly referred to as lack of prosecution or absence of progress.
Want of prosecution occurs when a person involved in a legal case fails to continue pursuing it, which can result in the dismissal of the case. For instance, if a plaintiff does not appear in court or neglects to file required documents, the case may be dismissed due to want of prosecution. Similarly, a defendant can be found guilty of want of prosecution if they do not respond to legal requests or fail to attend court hearings. These examples demonstrate how want of prosecution can lead to the dismissal of a case. It is crucial for all parties involved in a legal case to actively participate and fulfil necessary obligations in order for the case to progress.
“Want of prosecution” refers to a situation where a plaintiff fails to actively pursue or proceed with a legal case, leading to its dismissal by the court.
Yes, if a plaintiff fails to take necessary steps to move the case forward, such as attending hearings, submitting required documents, or actively participating in the legal process, the court may dismiss the case for want of prosecution.
Common reasons for want of prosecution include lack of interest or motivation to pursue the case, inability to afford legal representation, settlement or resolution of the dispute outside of court, or the plaintiff’s failure to comply with court orders or deadlines.
In some cases, a dismissed case for want of prosecution can be reinstated. However, the process and requirements for reinstatement vary depending on the jurisdiction and the specific circumstances of the case. It is advisable to consult with an attorney to determine the options available.
Yes, if the plaintiff fails to actively pursue the case, the defendant can file a motion to dismiss for want of prosecution. The court will then evaluate the circumstances and decide whether to grant the motion.
In certain situations, the court may order the plaintiff to pay the defendant’s costs if a case is dismissed for want of prosecution. However, this is not automatic and depends on the specific circumstances and the court’s discretion.
Yes, even if a plaintiff is represented by an attorney, a case can still be dismissed for want of prosecution if the plaintiff fails to actively participate or cooperate in the legal process.
If a plaintiff is unable to attend court hearings due to valid reasons, such as illness or other unavoidable circumstances, it is important to inform the court and seek appropriate accommodations. Failure to do so may result in a case being dismissed for want of prosecution.
While settlement negotiations can delay the progress of a case, it is generally expected that the plaintiff actively communicates with the court and the defendant regarding the status of negotiations. If the plaintiff fails to do so and does not take necessary steps to move the case forward, it may be dismissed for want of prosecution.
If a plaintiff is waiting for evidence or witnesses, it is important to inform the court and seek appropriate extensions or accommodations. However, if the plaintiff fails to actively pursue obtaining the necessary evidence or witnesses, the case may be dismissed for want of prosecution.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/want-of-prosecution/
- Modern Language Association (MLA):Want Of Prosecution. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/want-of-prosecution/.
- Chicago Manual of Style (CMS):Want Of Prosecution. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/want-of-prosecution/ (accessed: May 09 2024).
- American Psychological Association (APA):Want Of Prosecution. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/want-of-prosecution/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts