New Jersey § 2A:53A-55 Cause of action, dismissal, whole, part.

New Jersey Statutes

§ 2A:53A-55 — Cause of action, dismissal, whole, part.

New Jersey § 2A:53A-55

Title 2AADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE

This text of New Jersey § 2A:53A-55 (Cause of action, dismissal, whole, part.) is published on Counsel Stack Legal Research, covering New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.J. Stat. Ann. § 2A:53A-55 (2026).

Text

7. Dismissal of cause of action in whole or part. a. In ruling on an order to show cause under section 3 of P.L.2023, c.155 (C.2A:53A-51), the court shall dismiss with prejudice a cause of action, or part of a cause of action, if:

(1)the moving party established under subsection b. of section 2 of P.L.2023, c.155 (C.2A:53A-50) that this act applies;

(2)the responding party fails to establish under subsection c. of section 2 of P.L.2023, c.155 (C.2A:53A-50) that this act does not apply; and (3) either:

(a)the responding party fails to establish a prima facie case as to each essential element of any cause of action in the complaint; or (b) the moving party establishes that:

(i)the responding party failed to state a cause of action upon which relief can be granted; or (ii) there is no gen

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7. Dismissal of cause of action in whole or part. a. In ruling on an order to show cause under section 3 of P.L.2023, c.155 (C.2A:53A-51), the court shall dismiss with prejudice a cause of action, or part of a cause of action, if: (1) the moving party established under subsection b. of section 2 of P.L.2023, c.155 (C.2A:53A-50) that this act applies; (2) the responding party fails to establish under subsection c. of section 2 of P.L.2023, c.155 (C.2A:53A-50) that this act does not apply; and (3) either: (a) the responding party fails to establish a prima facie case as to each essential element of any cause of action in the complaint; or (b) the moving party establishes that: (i) the responding party failed to state a cause of action upon which relief can be granted; or (ii) there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law on the cause of action or part of the cause of action. b. A voluntary dismissal without prejudice of a responding party's cause of action, or part of a cause of action, that is the subject of an order to show cause under section 3 of P.L.2023, c.155 (C.2A:53A-51) does not affect a moving party's right to obtain a ruling on the order to show cause and seek costs, attorney's fees, and expenses under section 10 of P.L.2023, c.155 (C.2A:53A-58). c. A voluntary dismissal with prejudice of a responding's party cause of action, or part of a cause of action, that is the subject of an order to show cause under section 3 of P.L.2023, c.155 (C.2A:53A-51) establishes for the purpose of section 10 of P.L.2023, c.155 (C.2A:53A-58) that the moving party prevailed on the motion. L.2023, c.155, s.7.