Legal Definitions - lack of prosecution

Definition: Lack of prosecution refers to the failure of a litigant to pursue a case, resulting in dismissal for want of prosecution. It is also known as want of prosecution or no progress.

Examples:

• If a plaintiff fails to appear in court or fails to take any action on their case for a long period of time, the court may dismiss the case for lack of prosecution.
• A defendant may also request dismissal for lack of prosecution if the plaintiff has not taken any action on the case for an extended period of time.

These examples illustrate how lack of prosecution can lead to the dismissal of a case. If a party does not actively pursue their case, the court may determine that they have abandoned it and dismiss it as a result.