Motion Practice: Motions to Dismiss (NJ)

by Practical Law Litigation

A Practice Note providing comprehensive guidance on filing motions to dismiss under New Jersey Court Rule 4:6-2 in civil actions pending in the New Jersey Superior Court, Law Division, Civil Part (including in the Complex Business Litigation Program) and non-foreclosure actions in the Chancery Division, General Equity Part. It outlines who may file a motion to dismiss, the timing for filing, and the available defenses, such as lack of subject matter jurisdiction, personal jurisdiction, insufficient process or service of process, failure to state a claim, and failure to join a necessary party. The Note also delves into the procedural aspects of drafting, filing, and serving a motion to dismiss, along with strategic considerations like waiver implications and the potential for the plaintiff to amend the complaint. It also explores the motion's impact on the case, including possible outcomes and the effect of partial dismissals.