{"data":{"id":"us-nj/n.j.-stat.-2a-53a-55","jurisdiction":"us-nj","citation":"N.J. Stat. § 2A:53A-55","heading":"Cause of action, dismissal, whole, part.","body":"7.\tDismissal of cause of action in whole or part.\na.\tIn 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:\n(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;\n(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\n(3) either:\n(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\n(b) the moving party establishes that:\n(i) the responding party failed to state a cause of action upon which relief can be granted; or\n(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.\nb.\tA 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).\nc.\tA 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.\nL.2023, c.155, s.7.","path":["TITLE 2A ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE"],"source_url":"https://pub.njleg.state.nj.us/statutes/STATUTES-TEXT.zip","current_through":"P.L.2025, c.405, and J.R.22","vintage":"","retrieved_at":"2026-08-27T17:54:13Z","sha256":"df5f97d384e37bcd8ecd3e0d63ff803e9c62ba3393d6241e357393081ef1778f","source_id":"us-nj","stale":true,"prev":"us-nj/n.j.-stat.-2a-53a-54","next":"us-nj/n.j.-stat.-2a-53a-56"},"notice":"GroundRules: Original legal text. Not legal advice."}