non pros
Noun: A legal judgment entered by a court in favor of the defendant because the plaintiff has failed to proceed with their lawsuit. This failure typically involves not taking a required procedural step, such as failing to appear in court or to file necessary documents by a deadline.
This term is used specifically in a legal context. It refers to the dismissal of a case not based on its merits, but due to the plaintiff's inaction. * The court issued a non pros after the plaintiff repeatedly failed to respond to discovery requests. * Fearing a non pros, the lawyer made sure all court filings were submitted on time.
- To take a non pros: This phrase describes the action of the court entering this judgment.
- The judge had no choice but to take a non pros in the matter.
- The term is often used in its full Latin form, non prosequitur, which means "he does not prosecute."
- Non prosequitur (n): The full Latin term from which "non pros" is abbreviated.
- Dismissal with prejudice (n): A dismissal that prevents the plaintiff from filing the same claim again. A can sometimes be with prejudice.
- Dismissal without prejudice (n): A dismissal that allows the plaintiff to refile the claim. A can sometimes be without prejudice.
- Default judgment (n): A judgment in favor of one party due to the other's failure to act. A is a type of default judgment in favor of the defendant.
- Involuntary dismissal (specifically for failure to prosecute)
- Judgment of nonsuit (in some jurisdictions)
This is a technical legal term derived from Latin. Its application and procedural rules can vary between different legal jurisdictions.
- a judgment entered in favor of the defendant when the plaintiff has not continued his action (e.g., has not appeared in court)