Dismissal with prejudice for failure to Produce Discovery

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Dismissal with prejudice for failure to Produce Discovery

Anonymous Jan 25, 2012 2 views 1 answers

1. Unopposed Dismissal without prejudice of plaintiff's pleadings for failure to Produce Discovery were duly granted and the Judge signed the Court Order. 2. Unopposed motion to dismiss with prejudice for failure to vacate order listed in no.1 above was filed. Plaintiff's attorney was duly served. 3. What happens if plaintiff's attorney refuses to appear at scheduled hearing. Does he completely trump the judge's ability to sign the order to dismiss with prejudice. Will the dismissal with prejudice remain in limbo until that attorney decides to appear? Is there a time limit as to how long he can evade the hearing? 4. What happens if the judge signs the order to dismiss with prejudice even if the plaintiff's attorney does not appear? Does this close the case or can it be appealed?

Santos Perez · Answer 1 · 2026-06-15T10:36:28+00:00

Your question is unclear. If you are referring to the two step procedure for dismissal in the context of interrogatories (first without prejudice, then with), the Rule is complex, requires a Form notice and certain mailings, and is best left to an attorney. If you are referring to a general motion to dismiss for failure to provide discovery, chances are that it can be readily overturned on motion by the other party. The foregoing assumes many facts - I recommend you seek a consultation with an attorney - be sure to bring all paperwork with you so the attorney can review. Here is a link to the Court Rules: http://www.judiciary.state.nj.us/rules/part4toc... www.GardenStateLaw.Com

Dismissal with prejudice for failure to Produce Discovery

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