Dismissal for Lack of Prosecution
The dismissal process pursuant to R. 1:13-7 works as follows:
After four months of inactivity as defined in R. 1:13-7, the court will issue a notice to counsel advising that a particular party will be dismissed without prejudice in 60 days, unless one of the following occurs within that period:
an answer, or non-conforming answer is filed or default is requested if the required action not timely taken was failure to answer or enter default;
proof of service or acknowledgement of service of the party is filed with the court if the required action not timely taken was failure to file proof of service or acknowledgement of service with the court;
a default judgment is obtained if the required action not timely taken was failure to convert a default request into a default judgment; or
a motion is filed by or with respect to a defendant noticed for dismissal. If the motion is denied, the defendant will be dismissed without further notice. See R. 1:13-7(a).
If the required action does not occur within the 60-day period following the notice, the case will be dismissed without prejudice and the order of dismissal will be sent to the parties; thereafter, reinstatement of the action or party after
dismissal may be permitted upon submission of a consent order that vacates the dismissal and allows the defendant to file an answer, provided the proposed consent order is accompanied by the answer for filing, a CIS and the required
fee. The entry of the consent order may be permitted at the discretion of the court. Otherwise, reinstatement may only be permitted on motion for good cause shown. The court may, with respect to a particular defendant, also impose reasonable, additional or different procedures to facilitate the timely occurrence of the next required proceeding to be taken in the case with respect to the defendant. See R. 1:13 -7(a) and (b).
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES”
http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817 (Phone) 732-572-0500
(Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
