Rules of Court · Part 4 · New Jersey

R. 4:37-4 New Jersey Rules of Court, R. 4:37-4: Costs of Previously Dismissed Action, rendered as code with every cross-reference linked

Costs of Previously Dismissed Action

the rule, verbatim; Code adds line numbers, links on every cross-reference and the list of rules that cite this one

If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court, on motion of said defendant made before service of the answer, may make such order for the payment of costs of the action previously dismissed as it deems appropriate and may stay the proceedings in the action until the plaintiff has complied therewith.

Note: Source-R.R. 4:42-4; amended July 13, 1994 to be effective September 1, 1994.

Verbatim rule text, unmarked. Nothing here is a summary.

rule 4:37-4 "Costs of Previously Dismissed Action" {
If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court, on motion of said defendant made before service of the answer, may make such order for the payment of costs of the action previously dismissed as it deems appropriate and may stay the proceedings in the action until the plaintiff has complied therewith.
Note: Source-R.R. 4:42-4; amended July 13, 1994 to be effective September 1, 1994.
}
referenced_by: 4:33-3, 6:5-1
source: njcourts.gov // verbatim; changed 2025-10-07; corpus harvested 2026-09-02

← R. 4:37-3 · chapter 4:37 · all rules

The Rules of Court are a government edict and carry no copyright; the text above is the Judiciary’s own publication, unchanged. Structure, links and highlighting are ours and carry no legal weight. Read the rule on njcourts.gov before you rely on it; amendments take effect each September 1.