What Does Want of Prosecution Mean?

If you’ve recently seen the phrase “dismissed for want of prosecution” in relation to a legal matter, you might be wondering what it really means. This legal term can have very different effects depending on whether you're a plaintiff or defendant—and whether your case is civil or criminal.

What Does Want of Prosecution Mean?

Want of prosecution refers to a case being dismissed because the person responsible for moving it forward—usually the plaintiff in a civil case or the prosecutor in a criminal case—has not taken the necessary steps to proceed.

Courts expect timely progress. If there are long delays with no valid reason, the judge may decide to dismiss the case entirely.

Civil vs. Criminal Cases: How the Impact Differs

Civil Cases: When the Plaintiff Doesn’t Act

If you're the plaintiff in a civil case and it’s dismissed for want of prosecution, it usually means you didn’t meet court deadlines or failed to appear in court. The case is thrown out, and the defendant wins by default.

However, the dismissal isn’t always final. You may be able to request the court to reinstate the case—but you must act quickly.

Criminal Cases: When the Prosecution Delays

If you’re a defendant in a criminal case, a dismissal for want of prosecution often works in your favor. It means the prosecutor has failed to move the case forward, often due to:

• Insufficient evidence

• Missing or uncooperative witnesses

• Administrative delays

Still, prosecutors may have a limited time—often six months—to refile the case, so legal advice is important.

Common Reasons for Dismissal

Cases are often dismissed for want of prosecution because of:

• Missed court dates

• Incomplete or late filings

• Lack of communication from the plaintiff or prosecutor

• Delays in gathering or presenting evidence

Courts don’t allow cases to sit idle for too long, and these issues can signal to the judge that the party bringing the case is no longer serious about pursuing it.

Can a Dismissed Case Be Reopened?

Yes, it’s possible to reinstate a case that was dismissed for want of prosecution. This involves filing a motion with the court and showing a valid reason for the inactivity—such as a medical emergency, miscommunication, or clerical error.

Most courts require this motion to be filed within a strict deadline, typically 30 days from the date of dismissal. Missing this window may permanently close your case.

How to Reinstate a Dismissed Case

To reopen your case, you’ll need to:

1. Submit a motion to reinstate to the same court that issued the dismissal.

2. Explain the reason for the delay or missed action.

3. Provide documentation to support your claim (e.g., hospital records, technical errors).

4. Pay the required fees for reinstatement.

5. Serve the motion to the opposing party, so they are informed of your request.

If the court approves, your case will resume with a new schedule. If denied, you may need to consider filing an appeal or consulting an attorney for next steps.

What Does It Mean When a Case Is “Retained”?

When a case is labeled as retained, it means the plaintiff or prosecutor has decided to keep moving forward. This can happen after more evidence becomes available or when a witness comes forward. If your case is retained, expect things to proceed quickly, and prepare to respond through your lawyer.

Why You Should Act Fast

Reinstating your case isn’t just about keeping it alive—it’s about protecting your rights. Acting quickly can help you:

• Prevent a permanent dismissal on your record

• Protect your right to seek compensation or a fair trial

• Ensure the statute of limitations doesn’t run out

Delaying action could lead to losing your legal options for good.

When to Talk to a Lawyer

Whether your case was dismissed or you’re concerned about it being refiled, speaking to a lawyer can help you make the right decisions. A skilled attorney can:

• File your motion correctly and on time

• Represent you in court

• Help you avoid further dismissals

• Explain your options if charges are refiled

Legal Help After a Dismissal

If your case has been dismissed for want of prosecution, the team at Doane & Doane is here to help. We offer guidance on reinstating cases, responding to refiled charges, and protecting your rights at every stage of the process.

📞 Call us today at 561-656-0200
📨 Or reach out via our online contact form to schedule your consultation.

Disclaimer:

This blog is intended for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Please contact a licensed attorney for legal support in your specific case.