Sanctions May Be Imposed for Failure to Exchange and Submit Pretrial Information Exchange
Failure to exchange (unless waived in writing) and submit the required information may result in sanctions, in the discretion of the trial judge.
The trial judge, not the Civil Presiding Judge, should determine if sanctions are appropriate under R. 4:25- 7 and, if so, should impose them via an order.
p. No Exceptions to Pretrial Informational Exchange Requirements Rule 4:25-7 makes no exceptions for cases on particular tracks. All civil cases are subject to the requirements of R. 4:25-7.
q. Stipulations – Continuing Duty to Report During Trial
Attorneys are under a continuing obligation to report to the court any stipulations reached during trial.
r. Good Faith Effort to List Witnesses
Attorneys should make a good faith effort to list in the pretrial information exchange all witnesses to be called at trial. A party, however, will not be foreclosed from calling a witness, properly named in discovery, who is not listed in the pretrial information exchange, if such a good faith effort was made.
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
