Rule 5:7-7.Delay in Prosecution: Order to Proceed
Last amended September 1, 2011 · Current through September 1, 2026 · Last verified September 8, 2026
Full Text of Rule 5:7-7
Amendment History
New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.
Note: Source-R. (1969) 4:79-10. Adopted December 20, 1983, to be effective December 31, 1983; amended July 21, 2011 to be effective September 1, 2011.
Plain-English Summary
Dissolution cases stall for reasons that are often good ones — a reconciliation attempt, a negotiated pause, an illness. The general rules dismiss dormant cases; this rule tells a party how to answer that.
The affidavit must cover three things: the reason for the delay, the relations of the parties toward each other since the action was commenced, and any agreements or understandings between them. The middle item is what distinguishes a matrimonial case from an ordinary civil one — whether the parties have resumed living together, or settled quietly, changes what the court should do with the file.
Frequently Asked Questions
My divorce was dismissed for lack of prosecution — how do I restore it?
File an affidavit stating the reason for the delay, the relations of the parties toward each other since the action was commenced, and any agreements or understandings between them.
What if I want to stop the dismissal before it happens?
The same affidavit is required of a party resisting an order of dismissal under R. 1:13-7 as of one seeking an order to proceed after dismissal.