Failure to Prosecute Law & Legal Definition


Failure to prosecute occurs in a case when a claimant fails to continue to pursue an action but does not withdraw the claim. The following is an example of a court rule governing failure to prosecute:

If the plaintiff does not appear for the scheduled final hearing, the court should determine that appropriate notice was given to the plaintiff; and upon satisfying itself of this requirement, the case shall be dismissed for lack of prosecution. Said dismissal shall be with prejudice to the plaintiff's right to file a new petition based upon the same allegations except for good cause shown, but without prejudice as to any new allegations.