A stapler for delivering a staple formed from a shape memory material is disclosed. The staple includes a first tine and a second tine connected by a bridge. The staple may be disposed within the stapler in an open position with the first tine distal of the second tine. The stapler is configured to sequentially deliver the first tine and the second tine, respectively, to opposing body tissues. The stapler includes an elongate shaft (e.g., a catheter) having a working lumen and a control mechanism for delivering the staple. A drive cable extends along the working lumen of the elongate shaft. Upon warming up to a temperature at or above a transformation temperature of the shape memory material, the staple may assume a closed position, thus drawing together opposing body tissues and closing an incision.