When considering whether to dismiss an action for want of prosecution or grant leave to proceed under UCPR r 389, the court's discretion is not fettered by rigid rules but must take into account all relevant circumstances including twelve identified factors. Delay attributable to both parties, the availability of contemporaneous documents, and the continuation of related counterclaims are significant factors weighing against dismissal. A party cannot easily claim prejudice from disposal of discoverable documents after commencement of litigation.
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