Rule 4:37-4.Costs of previously dismissed action

Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:37-4 lets a court, on the defendant's motion, order a plaintiff who refiles a previously dismissed claim to pay the costs of the earlier action and may stay the new case until that payment is made.

Full Text of Rule 4:37-4

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If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court, on motion of said defendant made before service of the answer, may make such order for the payment of costs of the action previously dismissed as it deems appropriate and may stay the proceedings in the action until the plaintiff has complied therewith.

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. 4:42-4; amended July 13, 1994 to be effective September 1, 1994.

Plain-English Summary

Dismissing and refiling the same claim against the same defendant is not free of consequence. If a plaintiff who once dismissed an action brings a new one on the same claim against the same defendant, the defendant can move — before answering — for an order requiring payment of the costs from the earlier, dismissed action.

The court has discretion over what that order looks like, and it may also stay the new proceedings until the plaintiff pays.

Frequently Asked Questions

Can a defendant recover costs from a case the plaintiff already dismissed?

Yes. If the plaintiff refiles the same claim against the same defendant, the defendant may move, before answering, for an order requiring payment of the costs of the previously dismissed action, and the court may stay the new case until payment is made.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:37-4). 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: costs of dismissed actionrefiling a dismissed claim