The provisions of R. 4:37-1 and 4:37-2(a)(b) apply to the dismissal of any counterclaim, cross-claim or third-party claim. A voluntary dismissal by the claimant alone pursuant to R. 4:37-1(a) shall be made before a responsive pleading is served or, if there is none, before the introduction of evidence at the trial or hearing.
Rule 4:37-3.Dismissal of counterclaim, cross-claim or third-party claim
Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:37-3 extends the voluntary- and involuntary-dismissal rules to counterclaims, cross-claims, and third-party claims, and requires a claimant's own voluntary dismissal to come before a responsive pleading is served or, if none is served, before evidence is introduced at trial.
Full Text of Rule 4:37-3
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. 4:42-3.
Plain-English Summary
A counterclaim, cross-claim, or third-party claim is not just along for the ride — it can be dismissed on its own, under the same voluntary- and involuntary-dismissal standards that apply to a plaintiff's claim.
The one adjustment is timing. A claimant dismissing its own counterclaim, cross-claim, or third-party claim without a court order must do so before a responsive pleading is served, or, if none is coming, before evidence is introduced at the trial or hearing.
Frequently Asked Questions
Can a counterclaim be voluntarily dismissed the same way a complaint can?
Yes, under the same standard as Rule 4:37-1, but the claimant must dismiss it before a responsive pleading is served or, if there is none, before evidence is introduced at trial.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:37-3). 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: dismissal of counterclaimdismissal of cross-claimdismissal of third-party claim