Non-Compliance with Discovery Request
If a party does not timely comply with discovery requests made pursuant to Rules 4:17 (interrogatories) and 4:18-1 (production of documents, etc.) or 4:19 (mental or physical exams), the other party may move for an order compelling the discovery or for an order dismissing or suppressing the pleading of the delinquent party, without prejudice.
To vacate an order of dismissal without prejudice, the delinquent party may make a motion, accompanied by a reinstatement fee made payable to “Treasurer, State of New Jersey” ($100 if the motion is made within 30 days of the dismissal order, $300
thereafter) and an affidavit stating that the discovery has been provided. After 90 days from the date of the order of dismissal without prejudice, if that order has not been vacated, the party entitled to the discovery may move for an order of
dismissal with prejudice.
If a person being deposed refuses to answer a deposition question, the party taking the deposition may bring a motion to compel an answer. If the individual fails to answer after being directed to do so, the failure is considered a contempt of court.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES”
http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
