R. 4:64-8 New Jersey Rules of Court, R. 4:64-8: Dismissal of Foreclosure Actions for Lack of Prosecution; Reinstatement, rendered as code with every cross-reference linked

rule 4:64-8 "Dismissal of Foreclosure Actions for Lack of Prosecution; Reinstatement" {
(a) Dismissal for Lack of Prosecution. Except as otherwise provided by rule or court order, when a foreclosure matter has been pending for twelve months without any required action having been taken therein, the Clerk of the Superior Court shall issue written notice to the parties advising that the matter as to any or all defendants will be dismissed without prejudice 30 days following the date of the notice unless, within said period, an answer, motion for default, or motion for judgment or a motion setting time and place for redemption has been filed. If the plaintiff fails to respond as herein prescribed, the court shall enter an order of dismissal without prejudice as to any named party defendant who has not been served or has not answered and shall furnish the plaintiff with a copy thereof.
(b) Reinstatement After Dismissal. A matter may be reinstated after dismissal pursuant to paragraph (a) only on motion for good cause shown. Such motion to reinstate a dismissed foreclosure matter pursuant to paragraph (a) must be filed with the Office of Foreclosure in accordance with Rule 1:34-6. Upon such reinstatement, the plaintiff will be assessed a restoration fee equivalent to twice the filing fee for a foreclosure complaint. A matter may be reinstated only three times (not counting any dismissals based on federal exemptions) before a new complaint must be filed by plaintiff in order to proceed.
Note: Adopted July 28, 2004 to be effective September 1, 2004; amended April 30, 2019 to be effective May 1, 2019; text allocated into paragraphs (a) and (b), captions added, and paragraph (b) amended December 2, 2019 to be effective immediately; paragraph (b) amended November 29, 2021 to be effective December 1, 2021.
}
referenced_by: 1:13-7
source: njcourts.gov // verbatim; changed 2025-09-10; corpus harvested 2026-09-02