Failure to prosecute petition

Checkout our iOS App for a better way to browser and research.

§ 2366. Failure to prosecute petition

If the petition is not served or filed within such time as the Supreme Court may by rule provide for the service or filing of the complaint in a civil action in a Superior Court, the action may be dismissed on motion and notice. The Court shall thereupon render judgment for the petitionee to recover his or her costs, and, if the Court is of opinion that the petition was brought to delay the collection of an execution, it shall award to the original creditor 12 percent interest on the original debt, with double costs. (Amended 1971, No. 185 (Adj. Sess.), § 55, eff. March 29, 1972.)


Download our app to see the most-to-date content.