Discovery Motions: Motion to Dismiss or Suppress the Pleading (NJ) | Practical Law

Discovery Motions: Motion to Dismiss or Suppress the Pleading (NJ) | Practical Law

A Practice Note addressing motions to dismiss or suppress a party's pleading for failing to make (respond to) discovery under N.J. R. 4:23-5 in actions pending in the New Jersey Superior Court, Law Division, Civil Part or in non-foreclosure actions in the Chancery Division, General Equity Part. It explains the two-step procedure for dismissing or suppressing the delinquent party's pleading for failing to respond to discovery, first without prejudice, then with prejudice if the delinquent party does not timely move to vacate the dismissal or suppression order. This Note also addresses when the court may award sanctions, attorneys' fees, and costs under N.J. R. 4:23-5.

Discovery Motions: Motion to Dismiss or Suppress the Pleading (NJ)

Practical Law Practice Note w-039-0502 (Approx. 26 pages)

Discovery Motions: Motion to Dismiss or Suppress the Pleading (NJ)

by Practical Law Litigation
MaintainedNew Jersey
A Practice Note addressing motions to dismiss or suppress a party's pleading for failing to make (respond to) discovery under N.J. R. 4:23-5 in actions pending in the New Jersey Superior Court, Law Division, Civil Part or in non-foreclosure actions in the Chancery Division, General Equity Part. It explains the two-step procedure for dismissing or suppressing the delinquent party's pleading for failing to respond to discovery, first without prejudice, then with prejudice if the delinquent party does not timely move to vacate the dismissal or suppression order. This Note also addresses when the court may award sanctions, attorneys' fees, and costs under N.J. R. 4:23-5.