(a) For Failure to Comply With Rule or Order. For failure of the plaintiff to cause a summons to issue within 15 days from the date of the Track Assignment Notice or to comply with these rules or any order of court, the court in its discretion may on defendant’s motion dismiss an action or any claim against the defendant. Such a dismissal shall be without prejudice unless otherwise specified in the order.
Rule 4:37-2.Involuntary dismissal; effect thereof
Last amended November 1, 2002 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:37-2 lets a court dismiss an action for a plaintiff's failure to prosecute or follow an order, and sets the standard for a defendant's motion to dismiss at trial after the plaintiff rests: denial unless the evidence and its reasonable inferences could support a plaintiff's verdict.
Full Text of Rule 4:37-2
(b) At Trial-Generally. After having completed the presentation of the evidence on all matters other than the matter of damages (if that is an issue), the plaintiff shall so announce to the court, and thereupon the defendant, without waiving the right to offer evidence in the event the motion is not granted, may move for a dismissal of the action or of any claim on the ground that upon the facts and upon the law the plaintiff has shown no right to relief. Whether the action is tried with or without a jury, such motion shall be denied if the evidence, together with the legitimate inferences therefrom, could sustain a judgment in plaintiff’s favor.
(c) At Trial-Claim for Contribution. When a claim for contribution has been asserted pursuant to R. 4:7-5, a motion for dismissal as to any defendant against whom such claim has been asserted shall be held in abeyance until the close of all the evidence, and at that time the granting of the motion shall constitute an adjudication upon the merits of the claim for contribution. If the motion is denied, the claim for contribution need not be separately submitted to the jury but the verdict as to the liability of each defendant shall determine which of the parties are joint tortfeasors. If the amount of the contribution of each defendant may be determined as a matter of law, the judge shall enter judgment thereon at the request of any party. If any party asserts any settlement or part payment or other matter not determined in the negligence action which may affect the amount of the contribution, and there is a dispute as to any material fact, a separate trial shall be held to determine the same.
(d) Dismissal with Prejudice; Exceptions. Unless the order of dismissal otherwise specifies, a dismissal under R. 4:37-2(b) or (c) and any dismissal not specifically provided for by R. 4:37, other than a dismissal for lack of jurisdiction, operates as an adjudication on the merits.
(e) Continued Participation in Subsequent Proceedings. If a claim is dismissed as to a defendant before final judgment as to all issues and all parties, that defendant shall have notice of and the right to participate in any subsequent proceedings in the case.
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. 4:12-2(a) (b) (first four sentences), 4:13-6(b)(2); paragraph (c) caption and text; amended January 16, 1975 to be effective April 1, 1975; paragraph (e) adopted July 17, 1975 to be effective September 8, 1975; paragraphs (a), (b) and (e); amended July 13, 1994 to be effective September 1, 1994; paragraph (a); amended November 1, 2002 to be effective immediately.
Plain-English Summary
This rule covers two different moments when a case can end early against a plaintiff. First, if a plaintiff fails to get a summons issued within 15 days of the track assignment notice, or ignores the rules or a court order, the court may dismiss the action or a claim on the defendant's motion — without prejudice unless the order says otherwise.
Second, once the plaintiff has finished presenting evidence at trial (short of the damages issue, if any), the defendant may move to dismiss without waiving the right to put on its own case if the motion fails. The court denies that motion whenever the evidence, together with the reasonable inferences from it, could sustain a verdict for the plaintiff. A dismissal under this rule operates as an adjudication on the merits unless the order says otherwise or the case was dismissed for lack of jurisdiction, and a defendant dismissed out before final judgment keeps the right to notice of and participation in whatever proceedings follow.
Frequently Asked Questions
What is the standard for dismissing a case at trial after the plaintiff rests?
The court denies the motion if the evidence, together with the legitimate inferences from it, could sustain a judgment for the plaintiff.
Is a dismissal under this rule with or without prejudice?
It operates as an adjudication on the merits — the equivalent of a dismissal with prejudice — unless the order says otherwise or the dismissal was for lack of jurisdiction.
Can a plaintiff's case be dismissed for missing a deadline?
Yes. If a summons is not issued within 15 days of the track assignment notice, or a party fails to comply with the rules or a court order, the court may dismiss the action or a claim on motion.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:37-2). 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: involuntary dismissalmotion to dismiss at trialfailure to prosecutedismissal for failure to comply