(a) By Plaintiff; By Stipulation. Subject to the provisions of R. 4:32-2(e) (class actions), R. 4:53-1 (receivership actions) and R. 4:60-18 (attachment actions), an action may be dismissed by the plaintiff without court order by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs; or by filing a stipulation of dismissal specifying the claim or claims being dismissed, signed by all parties who have appeared in the action. Unless otherwise stated in the notice or stipulation, the dismissal is without prejudice.
Rule 4:37-1.Voluntary Dismissal; Effect Thereof
Last amended September 1, 2006 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:37-1 lets a plaintiff dismiss an action without a court order, either by filing a notice before the defendant answers or moves for summary judgment or by filing a stipulation signed by all appearing parties, with any other voluntary dismissal requiring the court's leave.
Full Text of Rule 4:37-1
(b) By Order of Court. Except as provided by paragraph (a) hereof, an action shall be dismissed at the plaintiff’s instance only by leave of court and upon such terms and conditions as the court deems appropriate. If a counterclaim has been filed and served by a defendant prior to being served with plaintiff’s motion to dismiss, the action shall not be dismissed against the defendant’s objection unless the counterclaim can remain pending for independent adjudication by the court. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice.
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 4:42-1(a) (b); paragraph (b); amended July 13, 1994 to be effective September 1, 1994; paragraph (a); amended August 1, 2006 to be effective September 1, 2006.
Plain-English Summary
A plaintiff who wants out of a case early does not always need the court's permission. Before the defendant serves an answer or moves for summary judgment, the plaintiff may file a notice of dismissal alone, or file a stipulation of dismissal signed by every party who has appeared — and unless that notice or stipulation says otherwise, the dismissal is without prejudice.
Once that window closes, dismissal at the plaintiff's request needs the court's leave and comes on whatever terms the court sets. If a defendant has already filed a counterclaim before being served with the dismissal motion, the court will not dismiss the action over that defendant's objection unless the counterclaim can stand on its own for independent adjudication.
Frequently Asked Questions
Can a plaintiff dismiss a New Jersey case without asking the court?
Yes, before the defendant answers or moves for summary judgment — by filing a notice of dismissal, or a stipulation signed by every appearing party.
Is a voluntary dismissal with or without prejudice?
Without prejudice, unless the notice or stipulation of dismissal states otherwise.
What happens if the defendant has already filed a counterclaim?
The court will not dismiss the action over that defendant's objection unless the counterclaim can remain pending for independent adjudication.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:37-1). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: voluntary dismissalnotice of dismissalstipulation of dismissaldismissal without prejudice