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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued: November 15, 2001

The two questions presented in this appeal are entirely procedural: (1) whether the two-step procedure set by R. 4:23-5 for dismissal of complaints or suppression of answers for failure to answer interrogatories, which applies to actions in the Law Division, also applies to actions pending in the Special Civil Part (SCP), and (2) whether a motion to restore may be made in the SCP more than thirty days after the dismissal/suppression order is served on the delinquent party. We hold that the procedure for dismissal or suppression in the SCP is different from the procedure in the Law Division and is governed by R. 6:4-3(b). We also hold that the SCP rules permit a restoration motion more than thirty days after service of the dismissal/suppression order.

 
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