Voluntary Dismissal Without Prejudice By Consent Order
The court does not dismiss cases without prejudice (or suggest that the attorneys take a voluntary dismissal without prejudice) to avoid aging. Specifically, the court does not sign consent orders dismissing a case without prejudice, which orders contemplate subsequent restoration or refiling and provide for a waiver of the statute of limitations.
Nor does the court in any way suggest that the attorneys take a voluntary dismissal in order to gain time to complete discovery or prepare for trial. See Shulas v. Estabrook, 385 N.J. Super. 91 (App. Div. 2006). Further, the court does not sign consent or
voluntary dismissal orders that dismiss a case without prejudice so that the case may go to arbitration, mediation or any other CDR or ADR mechanism (whether court-annexed or private) and then be restored under the same docket number if arbitration or mediation does not resolve the matter.
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
