EZRCP · New Jersey · Part 4 - Civil Practice · R. 6:6-2

R. 6:6-2. — Entry of Default and Automatic Vacation Thereof

New Jersey · Part 4 - Civil Practice

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Rule text

When a party against whom affirmative relief is sought has failed to appear, plead or otherwise defend as provided by law or these rules, or has failed to appear at the time fixed for trial, or if the party's answer is stricken on order of the court, the clerk shall enter the party's default. A party against whom a default has been entered for failure to plead or enter an appearance may have same automatically removed by the clerk provided there is filed with the clerk within 30 days of its entry a written application with the consent of the adversary endorsed thereon consenting to the vacation of the default, which application shall include the answer or other responsive pleading of the party in default and its filing fee.

Notes

Note: Source - R.R. 7:9-1; caption and text amended November 2, 1987 to be effective January 1, 1988; amended July 13, 1994 to be effective September 1, 1994; amended August 1, 2016 to be effective September 1, 2016.