Written Interrogatories
Interrogatories are a form of discovery in which the parties to a case are required to answer, under oath, a series of written questions relevant to the case. See R. 4:17.
Some important points relative to interrogatories are:
In all negligence actions seeking recovery for property damage to autos or personal injury actions, there are certain uniform interrogatories which must be used. These appear as Appendix II to the Rules of Court. Uniform interrogatories are not used in professional malpractice, toxic tort and wrongful death cases.
A defendant served with a complaint in a case type for which uniform interrogatories have been adopted, is deemed to have been simultaneously served with such interrogatories, and must serve answers to the appropriate uniform interrogatories within 60 days after service of the answer to the complaint. See Rules 4:17- 1, -2, -4.
The plaintiff is deemed to have been served with uniform interrogatories simultaneously with service of defendant’s answer to the complaint, and must serve answers to the interrogatories within 30 days.
Motions can be made to strike certain questions or to compel more specific answers.
If new information is found which renders any answers to interrogatories inaccurate, amended answers must be served.
Interrogatories may be used at the time of trial to contradict or impeach testimony -- as is the case with depositions.
Interrogatories are not separately filed with the court, but may be filed as part of a discovery motion.
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
Tuesday, November 6, 2007
Objections to Videotaped Testimony
Objections to Videotaped Testimony
Rule 4:14- 9(f) requires that objections to the videotaped testimony of a treating physician and/or expert be presented to the court within 45 days following completion of the deposition, and the comments indicate that the failure to seek such a pretrial ruling will be deemed a waiver of any objection. The rationale behind the rule is that these objections should be dealt with pretrial so as not to delay the trial, which would be the result if the objections were presented after the trial started.
This approach, that is, of handling objections to the videotaped test imony does not apply to the videotaped testimony of experts taken pursuant to R. 4:36- 3.
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
Rule 4:14- 9(f) requires that objections to the videotaped testimony of a treating physician and/or expert be presented to the court within 45 days following completion of the deposition, and the comments indicate that the failure to seek such a pretrial ruling will be deemed a waiver of any objection. The rationale behind the rule is that these objections should be dealt with pretrial so as not to delay the trial, which would be the result if the objections were presented after the trial started.
This approach, that is, of handling objections to the videotaped test imony does not apply to the videotaped testimony of experts taken pursuant to R. 4:36- 3.
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
Depositions
Depositions
Any party may take the testimony of any person, including a party, by deposition upon oral examination. In a deposition, the attorneys question a witness under oath to learn what the witness knows and to have the opportunity to assess that witness’s
demeanor and credibility before trial. Deposition testimony is recorded by a court reporter or videotaped. Instead of oral questions, parties may serve written questions in a sealed envelope on the party. The main purposes of depositions are to impeach or contradict testimony of that person as a witness and to give counsel an opportunity to assess a witness’ demeanor and credibility prior to trial. During depositions, any party may make a formal motion by telephone to the court to limit the scope and/or manner of the taking of the deposition. Videotaped depositions of treating physicians or expert
witnesses may be used for discovery purposes and in lieu of trial testimony. See R. 4:14- 9.
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
Any party may take the testimony of any person, including a party, by deposition upon oral examination. In a deposition, the attorneys question a witness under oath to learn what the witness knows and to have the opportunity to assess that witness’s
demeanor and credibility before trial. Deposition testimony is recorded by a court reporter or videotaped. Instead of oral questions, parties may serve written questions in a sealed envelope on the party. The main purposes of depositions are to impeach or contradict testimony of that person as a witness and to give counsel an opportunity to assess a witness’ demeanor and credibility prior to trial. During depositions, any party may make a formal motion by telephone to the court to limit the scope and/or manner of the taking of the deposition. Videotaped depositions of treating physicians or expert
witnesses may be used for discovery purposes and in lieu of trial testimony. See R. 4:14- 9.
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
Consensual Discovery Beyond Time Provided in the Rules
Consensual Discovery Beyond Time Provided in the Rules
The parties may conduct additional discovery by consent, even after an arbitration or trial date is set. Such consensual discovery, however, must not delay any proceeding date fixed by the court, nor will it be enforced by the 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
The parties may conduct additional discovery by consent, even after an arbitration or trial date is set. Such consensual discovery, however, must not delay any proceeding date fixed by the court, nor will it be enforced by the 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
Monday, November 5, 2007
Dismissal Time Not Added Upon Reinstatement
Dismissal Time Not Added Upon Reinstatement
When a case is dismissed for failure to provide discovery and is thereafter reinstated, the “time out” period is not added back onto the discovery period. The discovery end date remains fixed unless extended by order.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” 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
When a case is dismissed for failure to provide discovery and is thereafter reinstated, the “time out” period is not added back onto the discovery period. The discovery end date remains fixed unless extended by order.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” 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
Discovery End Date Upon Restoration
Discovery End Date Upon Restoration
When there is but a single defendant, a case that is dismissed (e.g., for failure to provide discovery) and later restored, the case will be returned to the calendar with the same discovery end date it had prior to the dismissal (unless the restoration order directs otherwise), even if that discovery end date has passed. The judge may extend the discovery end date in the restoration order, or the parties may seek a discovery end date extension by motion based on exceptional circumstances. In any event, the court should not penalize the non -delinquent party by foreclosing further discovery.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” 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
When there is but a single defendant, a case that is dismissed (e.g., for failure to provide discovery) and later restored, the case will be returned to the calendar with the same discovery end date it had prior to the dismissal (unless the restoration order directs otherwise), even if that discovery end date has passed. The judge may extend the discovery end date in the restoration order, or the parties may seek a discovery end date extension by motion based on exceptional circumstances. In any event, the court should not penalize the non -delinquent party by foreclosing further discovery.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” 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
Discovery Extensions in Judge-Managed Cases
Discovery Extensions in Judge-Managed Cases
When a discovery extension is needed in a judge- managed case, this need generally can be addressed in a case management conference and order. Alternatively, the managing judge may direct that the party requesting the extension file a motion.
Right to 60-Day Discovery End Date Extension When Answer Stricken
A party has the right to the “automatic” 60-day discovery extension when, at the time the request is received, the defendant’s answer has been stricken without prejudice for failure to provide discovery, provided all parties consent to the extension and the request is timely made.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” 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
When a discovery extension is needed in a judge- managed case, this need generally can be addressed in a case management conference and order. Alternatively, the managing judge may direct that the party requesting the extension file a motion.
Right to 60-Day Discovery End Date Extension When Answer Stricken
A party has the right to the “automatic” 60-day discovery extension when, at the time the request is received, the defendant’s answer has been stricken without prejudice for failure to provide discovery, provided all parties consent to the extension and the request is timely made.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” 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
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