Rules of Court · Part 4 · New Jersey
R. 4:64-4 New Jersey Rules of Court, R. 4:64-4: Abandonment of Action by Plaintiff; Right of Defendants to Proceed, rendered as code with every cross-reference linked
Abandonment of Action by Plaintiff; Right of Defendants to Proceed
If the plaintiff makes prior or subsequent encumbrancers parties to the action to foreclose a mortgage, and they answer, and the plaintiff neglects or refuses to proceed, the defendants, or any of them, may make application to the court for an order permitting them to proceed with the action to judgment and execution. Plaintiff by such order shall not be allowed costs.
Note: Source-R.R. 4:82-5; amended July 13, 1994 to be effective September 1, 1994.
Verbatim rule text, unmarked. Nothing here is a summary.
rule 4:64-4 "Abandonment of Action by Plaintiff; Right of Defendants to Proceed" {
If the plaintiff makes prior or subsequent encumbrancers parties to the action to foreclose a mortgage, and they answer, and the plaintiff neglects or refuses to proceed, the defendants, or any of them, may make application to the court for an order permitting them to proceed with the action to judgment and execution. Plaintiff by such order shall not be allowed costs.
Note: Source-R.R. 4:82-5; amended July 13, 1994 to be effective September 1, 1994.
}
referenced_by: none
source: njcourts.gov // verbatim; changed 2025-09-10; corpus harvested 2026-09-02← R. 4:64-3 · R. 4:64-5 → · chapter 4:64 · 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.