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Rule 4:37-4 Costs of Previously Dismissed Action

Rule 4:37 — Dismissal Of Actions

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