Court Rule 1:13-7. Dismissal of Civil Cases for Lack of Prosecution
(a) Except in receivership and liquidation proceedings and in condemnation and foreclosure actions governed by R. 4:64-8 and except as otherwise provided by rule or court order, whenever an action has been pending for four months or, if a general equity action, for two months, without a required proceeding having been taken therein as hereafter defined in subsection (b), the court shall issue written notice to the plaintiff advising that the action as to any or all defendants will be dismissed without prejudice 60 days following the date of the notice or 30 days thereafter in general equity cases unless, within said period, action specified in subsection (c) is taken. If no such action is taken, the court shall enter an order of dismissal without prejudice as to any named defendant and shall furnish the plaintiff with a copy thereof. After dismissal, reinstatement of an action against a single defendant may be permitted on submission of a consent order vacating the dismissal and allowing the dismissed defendant to file an answer, provided the proposed consent order is accompanied by the answer for filing, a case information statement, and the requisite fee. If a defendant has been properly served but declines to execute a consent order, plaintiff shall move on good cause shown for vacation of the dismissal. In multi-defendant actions in which at least one defendant has been properly served, the consent order shall be submitted within 60 days of the order of dismissal, and if not so submitted, a motion for reinstatement shall be required. The motion shall be granted on good cause shown if filed within 90 days of the order of dismissal, and thereafter shall be granted only on a showing of exceptional circumstances. In multi-defendant actions, if an order of dismissal pursuant to this rule is vacated and an answering pleading is filed by the restored defendant during or after the discovery period, the restored defendant shall be considered an added party, and discovery shall be extended pursuant to Rule 4:24-1(b). Nothing in this rule precludes the court with respect to a particular defendant from imposing reasonable additional or different procedures to facilitate the timely occurrence of the next required proceeding to be taken in the case with respect to that defendant.
(b) The following events constitute required proceedings that must be timely taken to avoid the issuance by the court of a written notice of dismissal as set forth in subsection (a):
(1) proof of service or acknowledgment of service filed with the court; or
(2) filing of answer; or
(3) entry of default; or
(4) entry of default judgment. However, in any case involving multiple defendants in which at least one defendant has answered, no defaulted defendant will be noticed for dismissal due to the plaintiff=s failure to timely convert a default into a default judgment as required by R. 4:43-2.
(1) a proof of service or acknowledgment of service is filed, if the required action not timely taken was failure to file proof of service or acknowledgment of service with the court;
(2) an answer is filed or a default is requested, if the required action not timely taken was failure to answer or enter default;
(3) a default judgment is obtained, if the required action not timely taken was failure to convert a default request into a default judgment;
(4) a motion is filed by or with respect to a defendant noticed for dismissal. If a motion to remove the defendant from the dismissal list is denied, the defendant will be dismissed without further notice.
(d) Special Civil Part. If original process in an action filed in the Special Civil Part has not been served within 60 days after the date of the filing of the complaint, the clerk of the court shall dismiss the action as to any unserved defendant and notify plaintiff that it has been marked "dismissed subject to automatic reinstatement within one year as to the non-answering defendant or defendants." The action shall be reinstated without motion or further order of the court if the complaint and summons are served within one year from the date of the dismissal. A case dismissed pursuant to this rule may be restored after one year only by order upon application, which may be made ex parte, and a showing of good cause for the delay in making service and due diligence in attempting to serve the summons and complaint. The entry of such an order shall not prejudice any right the defendant has to raise a statute of limitations defense in the restored action.
In the event the answer of any defendant is suppressed under R. 4:23-5(a) or otherwise and the plaintiff takes no further action, the court will place the defendant on the dismissal list 120 days from the date of the order of suppression.
No defendant will be automatically noticed for dismissal if a motion has been filed by or with respect to that defendant during the four-month period, unless the court in a particular case directs otherwise.
(c) An order of dismissal will enter 60 days from the date of the notice referred to in subsection (a) unless one of the following actions is taken within said 60-day period:
