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In a Civil Case the plaintiff/injured person’s attorney files a
Complaint in the Superior Court. The defendant’s insurance company
then files what is called “The Answer” generally denying the
injury. Each side then serves a demand of written interrogatories. These
are questions that must be answered by each party. The Superior Court
has set up certain "Form" Interrogatories which are contained
in the Rules of Court. Generally, written interrogatories are followed
by the taking of Depositions, which is recorded testimony given under
oath by any person the opposition wishes to question.
The deposition is just as important as the trial itself. In the event
you are deposed during the course of this action, in Kenneth Vercammen’s
office will receive detailed instructions as to the procedure and will
be requested to watch a videotape. Altogether, these procedures may take
from 9 months to several years, and your patience may be sorely tried
during this time. However, it has been our experience that clients who
are forewarned have a much higher tolerance level for the slowly turning
wheels of justice.
The Plaintiff
Personal History: (Anticipate every question in the answers to Interrogatories
being posed again!) The following questions are just some of the questions
a defense attorney can ask a personal injury plaintiff. We obtained these
questions from a list prepared by insurance companies and given to their
defense attorneys.
Name in Full
* Given Name
* Name on Birth Certificate
* Ever Used Any Other Name
* If Plaintiff Female
* Any Name When Married
* Previous Names By Marriage
* Nicknames or Names by Which Generally Known
Day, Month & Year of Birth
* Place of Birth
* Ever Given Any Other Day of Birth
* If So, Why
Schooling:
* What schools attended
* What schools graduated
* When left such school
* Any special training schools
* High schools
* Special Training in military service
Past Employment:
* First job after leaving school
* Names, Addresses of employers
* If small corporation, who was owner
* Is company still in business
* Present address
* Actual reason for leaving, resigned, discharged
* Stated reason to employer for leaving
* Ever left employment or changed place of employment for reasons of
health
* What employer plan or hospitalization if any, what insurance company
Present Employment if not Employee of Defendant:
* When first employed
* Was any condition of health concealed from present employer or any
employer
* If so, what and why
* Any workmen's compensation benefits ever received from present employer
* Any hospitalization or medical services furnished by employer or employers
or insurance company
Condition of Health Prior to Accident:
* Name of Regular Family Doctor
* Doctor normally called by plaintiff or members of family when necessary
* Present and past addresses of such doctor still in practice
* Physical conditions for which treated or examined by such doctor
* Any regular physical checkups by such doctor
* Physical examination if any by present employer by past employers
* Ever hospitalized for any condition of health
Ever X-Rayed:
* If so, what hospitals, when, where, what condition of health, period
of stay, period of disability from work
* Ever have any prior condition of health causing pain in any part of
body, when, what part of body
* Ever have numbness, tingling, dizziness any trouble with eye sight,
hearing, breathing, maintaining balance, and pain in area
Claim History:
* Ever have accident/injury for which claim was made by plaintiff or
against plaintiff
* Ever received any money from any insurance company for claimed personal
illness or accident
* Any health insurance (even if no claim)
* What company at present
* Any other companies in the past
* Any benefits received from other company
Life Insurance:
* Medical examinations for life insurance
* When, where, what doctor
* Names of companies with which policies >presently held or formerly
held
* Ever rejected on application for life insurance
Family History:
* Married or single
* Name of wife, husband
* Ever divorced
* Names of previous wives, husbands
* Former residences
* Place where divorce occurred
* Present name of previous spouse
* Children
* Age of children
* Residence of children
* Children by other marriages
* Any dependent children
Driver's License:
* What state, when issued
* Record number & date of issue
* Any restrictions on license
* Ever have license suspended
* Ever licensed in other states which was suspended or restrictions
Criminal record:
* Ever been arrested
* Ever jailed
* Ever suspended sentence
* Ever convicted of felony
* Ever placed on probation
* Driving license ever suspended for traffic violation for other reasons
Personal Habits:
* Use of alcohol
* Frequency
* Any alcohol on day of accident
* Any alcohol within 24 hours before accident
Personal Information:
* Ever wear glasses for reading or generally
* Where glasses obtained
* Reason for wearing glasses
* Name of doctor prescribing glasses
* Have glasses recently been
* changed since accident
* Same glasses now as before accident
* Why not
* Glasses broke in accident
* Glasses on person in accident
Previous earning:
* Employment at time of accident
* Hourly rate of pay
* Normal rate of pay
* Normal working hours
* Overtime
* Average yearly earnings
* Average monthly earnings presented paid
* Average paycheck take home
* Previous earnings from other employers
* Present rate of pay
If plaintiff not returned to employment:
* Rate of pay presently being paid for or a time of accident
* Any earnings from second jobs
* Any earnings from self-employment
* Any past earnings from any source
* Any past income from any source
Military Service:
* When and where registered for military service
* If deferred, for what reason
* Classification
* Draft Card
* Social Security Number
* If in service :
* serial number
* place entered service
* place discharged from service
* Request authorization to obtain records
* Army
* Navy
* Veteran's Bureau
* Selected Service records
* Any disability payment at present or ever
* Date of discharge
* Does plaintiff have copy of discharge papers
Ability to read:
* Inquire as to schooling
* If schooling limited inquire as to ability to read on asking questions
about eyesight
* Does Plaintiff have any difficulty in reading newspapers, books and
letters from friends
THE ACCIDENT/MEDICALS:
* Location:
* Exact location, if possible
* Landmarks
* Special objects in vicinity
* Is condition of area the same now
* What changes
* Was condition of area the same on other occasions before accident
* Any special condition on day of accident
* Familiarity of plaintiff with the area
* Prior to accident any different condition noted
* How frequently is plaintiff in area
Conditions in area:
* Lighting
* If artificial lights, were lights on
* Any light bulbs missing
* Any unusual condition of lighting nor normal
* Any obstructions to visibility
* Darkness, smoke, haze, clouds, dust, sun in eyes, raining, frosty,
dampness, mud, slippery
* If wears glasses, was plaintiff wearing glasses at time of accident:
sun glasses or goggles.
The Accident
Plaintiffs full story of the accident in narrative form and then in chronological
order
After Plaintiff has related inquire into circumstance.
Plaintiff's Oral Statements:
Did plaintiff tell anyone how accident happened immediately after the
accident
If so, who, when
Did person informed make any responses as to knowledge of accident, or
any comments as to conditions surrounding accident
If another employee involved in accident, any conversation with any employee
Court rules on deposition 2002:
RULE 4:14. DEPOSITIONS UPON ORAL
4:14-1. When Depositions May Be Taken
Except as otherwise provided by R. 4:14-9(a), after commencement of
the action, any party may take the testimony of any person, including
a party, by deposition upon oral examination. Leave of court, granted
with or without notice, must be obtained only if the plaintiff seeks to
take a deposition prior to the expiration of 35 days after service of
the summons and complaint upon the defendant by any manner, except that
leave is not required if the defendant has already served a notice of
taking deposition or otherwise sought discovery. The attendance of witnesses
may be compelled by subpoena as provided in R. 4:14-7. The deposition
of a person confined in prison may be taken only by leave of court on
such terms as the court prescribes.
Note: Source-R.R. 4:16-1. Former rule deleted and new R. 4:14-1 adopted
July 14, 1972 to be effective September 5, 1972 (formerly R. 4:10-1);
amended July 21, 1980 to be effective September 8, 1980; amended July
10, 1998 to be effective September 1, 1998; amended July 5, 2000 to be
effective September 5, 2000.
4:14-2. Notice of Examination; General Requirements; Deposition of Organization
(a) Notice. Except as otherwise provided by R. 4:14-9(b), a party desiring
to take the deposition of any person upon oral examination shall give
not less than 10 days notice in writing to every other party to the action.
The notice shall state the time and place for taking the deposition, which
shall be reasonably convenient for all parties, and the name and address
of each person to be examined, if known, and, if the name is not known
a general description sufficient to identify the person or the particular
class or group to which the person belongs. If a defendant fails to appear
or answer in any civil action within the time prescribed by these rules,
depositions may be taken without notice to that defendant.
(b) Time. The court may for cause shown enlarge or shorten the time
for taking the deposition.
(c) Organizations. A party may in the notice name as the deponent a
public or private corporation or a partnership or association or governmental
agency and designate with reasonable particularity the matters on which
examination is requested. The organization so named shall designate one
or more officers, directors, or managing agents, or other persons who
consent to testify on its behalf, and may set forth for each person designated
the matters on which testimony will be given. The persons so designated
shall testify as to matters known or reasonably available to the organization.
(d) Production of Things. The notice to a party deponent may be accompanied
by a request made in compliance with and in accordance with the procedure
stated in R. 4:18-1 for the production of documents and tangible things
at the taking of the deposition.
Note: Source-R.R. 4:20-1. Former rule deleted and new R. 4:14-2 adopted
July 14, 1972 to be effective September 5, 1972 (formerly in R. 4:10-1
and 4:14-1); paragraph (a) amended July 21, 1980 to be effective September
8, 1980; paragraphs (a) and (c) amended July 13, 1994 to be effective
September 1, 1994.
4:14-3. Examination and Cross-Examination; Record of Examination; Oath;
Objections
(a) Examination and Cross-Examination. Examination and cross-examination
of deponents may proceed as permitted in the trial of actions in open
court, but the cross-examination need not be limited to the subject matter
of the examination in chief.
(b) Oath; Record. The officer before whom the deposition is to be taken
shall put the witness on oath and shall personally, or by some one acting
under the officer's direction and in the officer's presence, record the
testimony of the witness. The testimony shall be recorded and transcribed
on a typewriter unless the parties agree otherwise.
(c) Objections. No objection shall be made during the taking of a deposition
except those addressed to the form of a question or to assert a privilege,
a right to confidentiality or a limitation pursuant to a previously entered
court order. The right to object on other grounds is preserved and may
be asserted at the time the deposition testimony is proffered at trial.
An objection to the form of a question shall include a statement by the
objector as to why the form is objectionable so as to allow the interrogator
to amend the question. No objection shall be expressed in language that
suggests an answer to the deponent. Subject to R. 4:14-4, an attorney
shall not instruct a witness not to answer a question unless the basis
of the objection is privilege, a right to confidentiality or a limitation
pursuant to a previously entered court order. All objections made at the
time of the examination to the qualifications of the officer taking the
deposition or the person recording it, or to the manner of taking it,
or to the evidence presented, or to the conduct of any party, and any
other objection to the proceedings, shall be noted by the officer upon
the deposition. Evidential objections to a videotaped deposition of a
treating physician or expert witness which is taken for use in lieu of
trial testimony shall be made and proceeded upon in accordance with R.
4:14-9(f).
(d) No Adjournment. Except as otherwise provided by R. 4:14-4 and R.
4:23-1(a) all depositions shall be taken continuously and without adjournment
unless the court otherwise orders or the parties and the deponent stipulate
otherwise.
(e) Written Questions. In lieu of participating in an oral examination,
parties may serve written questions in a sealed envelope on the party
taking the deposition and that party shall transmit them to the officer,
who shall propound them to the witness and record the answers verbatim.
(f) Consultation With the Deponent. Once the deponent has been sworn,
there shall be no communication between the deponent and counsel during
the course of the deposition while testimony is being taken except with
regard to the assertion of a claim of privilege, a right toconfidentiality
or a limitation pursuant to a previously entered court order.
Note: Source-R.R. 4:16-3, 4:20-3. Paragraphs (b), (d) and (e) amended
July 14, 1972 to be effective September 5, 1972 (Paragraph (a) formerly
R. 4:10-3); paragraph (c) amended July 21, 1980 to be effective September
8, 1980; paragraphs (b) and (e) amended July 13, 1994 to be effective
September 1, 1994; paragraph (c) amended and paragraph (f) added June
28, 1996 to be effective September 1, 1996.
4:14-4. Motion or Application to Terminate or Limit Examination or for
Sanctions
At any time during the taking of the deposition, on formal motion or
telephone application to the court of a party or of the deponent and upon
a showing that the examination or any part thereof is being conducted
or defended in bad faith or in such manner as unreasonably to annoy, embarrass
or oppress the deponent or party, or in violation of R. 4:14-3(c) or (f),
the court may order the person conducting the examination to cease forthwith
from taking the deposition, or may limit the scope and manner of the taking
of the deposition as provided in R. 4:10-3. If the order made terminates
the examination, it shall be resumed thereafter only upon further order
of the court in which the action is pending. Upon demand of the objecting
party or deponent, the taking of the deposition shall be suspended for
the time necessary to make a motion or telephone application for an order.
The provisions of R. 4:23-1(c) shall apply to the award of expenses incurred
in making or defending against the motion or telephone application.
Note: Source-R.R. 4:20-4. Amended July 14, 1972 to be effective September
5, 1972; amended June 28, 1996 to be effective September 1, 1996.
4:14-5. Submission to Witness; Changes; Signing
If the officer at the taking of the deposition is a certified shorthand
reporter, the witness shall not sign the deposition. If the officer is
not a certified shorthand reporter, then unless reading and signing of
the deposition are waived by stipulation of the parties, the officer shall
request the deponent to appear at a stated time for the purpose of reading
and signing it. At that time or at such later time as the officer and
witness agree upon, the deposition shall be submitted to the witness for
examination and shall be read to or by the witness, and any changes in
form or substance which the witness desires to make shall be entered upon
the deposition by the officer with a statement of the reasons given by
the witness for making them. The deposition shall then be signed by the
witness. If the witness fails to appear at the time stated or if the deposition
is not signed by the witness, the officer shall sign it and state on the
record the fact of the witness' failure or refusal to sign, together with
the reason, if any, given therefor; and the deposition may then be used
as fully as though signed, unless on a motion to suppress under R. 4:16-4(d)
the court holds that the reasons given for the refusal to sign require
rejection of the deposition in whole or in part.
Note: Source-R.R. 4:20-5. Amended July 14, 1972 to be effective September
5, 1972; amended July 13, 1994 to be effective September 1, 1994.
4:14-6. Certification and Filing by Officer; Exhibits; Copies
(a) Certification and Filing. The officer shall certify on the deposition
that the witness was duly sworn and that the deposition is a true record
of the testimony. The officer shall then promptly file with the deputy
clerk of the Superior Court in the county of venue a statement captioned
in the cause setting forth the date on which the deposition was taken,
the name and address of the witness, and the name and address of the reporter
from whom a transcript of the deposition may be obtained by payment of
the prescribed fee. The reporter shall furnish the party taking the deposition
with the original and a copy thereof. Depositions shall not be filed unless
the court so orders on its or a party's motion. The original deposition
shall, however, be made available to the judge to whom any proceeding
in the matter has been assigned for disposition at the time of the hearing
or as the judge may otherwise request. Filed depositions shall be returned
by the court to the party taking the deposition after the termination
of the action. A videotaped deposition shall be sealed and filed in accordance
with R. 4:14-9(d).
(b) Documentary Evidence. Documentary evidence exhibited before the
officer or exhibits proved or identified by the witness, may be annexed
to and returned with the deposition; or the officer shall, if requested
by the party producing the documentary evidence or exhibit, mark it as
an exhibit in the action, and return it to the party offering the same,
and the same shall be received in evidence as if annexed to and returned
with the deposition.
(c) Copies. The party taking the deposition shall bear the cost thereof
and of promptly furnishing a copy of the transcript to the witness deposed,
if an adverse party, and if not, to any adverse party. The copy so furnished
shall be made available to all other parties for their inspection and
copying. Copies of videotaped depositions shall be made and furnished
in accordance with R. 4:14-9(d).
Note: Source-R.R. 4:20-6(a)(b)(c). Paragraph (c) amended July 14, 1972
to be effective September 5, 1972; paragraphs (a) and (c) amended July
21, 1980 to be effective September 8, 1980; paragraph (a) amended July
15, 1982 to be effective September 13, 1982; paragraphs (a) and (c) amended
July 13, 1994 to be effective September 1, 1994; paragraph (a) amended
June 28, 1996 to be effective September 1, 1996.
4:14-7. Subpoena for Taking Depositions
(a) Form; Contents; Scope. The attendance of a witness at the taking
of depositions may be compelled by subpoena, issued and served as prescribed
by R. 1:9 insofar as applicable, and subject to the protective provisions
of R. 1:9-2 and R. 4:10-3. The subpoena may command the person to whom
it is directed to produce designated books, papers, documents or other
objects which constitute or contain evidence relating to all matters within
the scope of examination permitted by R. 4:10-2.
(b) Time and Place of Examination by Subpoena; Witness' Expenses.
(1) Fact Witnesses. A resident of this State subpoenaed for the taking
of a deposition may be required to attend an examination only at a reasonably
convenient time and only in the county of this State in which he or she
resides, is employed or transacts business in person, or at such other
convenient place fixed by court order. A nonresident of this State subpoenaed
within this State may be required to attend only at a reasonably convenient
time and only in the county in which he or she is served, at a place within
this State not more than 40 miles from the place of service, or at such
other convenient place fixed by court order. The party subpoenaing a witness,
other than one subject to deposition on notice, shall reimburse the witness
for the out-of-pocket expenses and loss of pay, if any, incurred in attending
at the taking of depositions.
(2) Expert Witnesses and Treating Physicians. If the expert or treating
physician resides or works in New Jersey, but the deposition is taken
at a place other than the witness' residence or place of business, the
party taking the deposition shall pay for the witness' travel time and
expenses, unless otherwise ordered by the court. If the expert or treating
physician does not reside or work in New Jersey, the proponent of the
witness shall either (A) produce the witness, at the proponent's expense,
in the county in which the action is pending or at such other place in
New Jersey upon which all parties shall agree, or (B) pay all reasonable
travel and lodging expenses incurred by all parties in attending the witness'
out-of-state deposition, unless otherwise ordered by the court.
(c) Notice; Limitations. A subpoena commanding a person to produce evidence
for discovery purposes may be issued only to a person whose attendance
at a designated time and place for the taking of a deposition is simultaneously
compelled. The subpoena shall state that the subpoenaed evidence shall
not be produced or released until the date specified for the taking of
the deposition and that if the deponent is notified that a motion to quash
the subpoena has been filed, the deponent shall not produce or release
the subpoenaed evidence until ordered to do so by the court or the release
is consented to by all parties to the action. The subpoena shall be simultaneously
served no less than 10 days prior to the date therein scheduled on the
witness and on all parties, who shall have the right at the taking of
the deposition to inspect and copy the subpoenaed evidence produced. If
evidence is produced by a subpoenaed witness who does not attend the taking
of the deposition, the parties to whom the evidence is so furnished shall
forthwith provide notice to all other parties of the receipt thereof and
of its specific nature and contents, and shall make it available to all
other parties for inspection and copying.
Note: Source-R.R. 4:20-1 (last sentence), 4:46-4(a) (b). Paragraphs (a)
and (b) amended July 14, 1972 to be effective September 5, 1972; paragraph
(c) adopted November 5, 1986 to be effective January 1, 1987; paragraph
(b) recaptioned paragraph (b)(1) and amended, paragraph (b)(2) adopted
and paragraph (c) amended July 14, 1992 to be effective September 1, 1992.
4:14-8. Failure to Attend or Serve Subpoena; Expenses
If the party giving notice of the taking of a deposition fails to attend
and proceedtherewith and another party attends in person or by attorney
pursuant to the notice, or if the party giving the notice fails to serve
a subpoena upon a witness who because of such failure does not attend
and another party attends in person or by attorney because that party
expects the deposition of that witness to be taken, the court may order
the party giving the notice to pay to such other party the reasonable
expenses incurred as a result of attendance either by the attending party
or that party's attorney, including reasonable attorney's fees.
Note: Source-R.R. 4:20-7(a)(b). Amended July 14, 1972 to be effective
September 5, 1972; amended July 13, 1994 to be effective September 1,
1994.
4:14-9. Videotaped Depositions
Videotaped depositions may be taken and used in accordance with the
applicable provisions of these discovery rules subject to the following
further requirements and conditions:
(a) Time for Taking Videotaped Depositions. The provisions of R. 4:14-1
shall apply to videotaped depositions except that such a deposition of
a treating physician or expert witness which is intended for use in lieu
of trial testimony shall not be noticed for taking until 30 days after
a written report of that witness has been furnished to all parties. Any
party desiring to take a discovery deposition of that witness shall do
so within such 30-day period.
(b) Notice. A party intending to videotape a deposition shall serve
the notice required by R. 4:14-2(a) not less than 30 days prior to the
date therein fixed for the taking of the deposition. The notice shall
further state that the deposition is to be videotaped.
(c) Transcript. The videotaping of a deposition shall not be deemed
to except it from the general requirement of stenographic recording and
typewritten transcript. Prior to the swearing of the witness by the officer,
the name, address and firm of the videotape operator shall be stated on
the record.
(d) Filing, Sealing, Copies. Immediately following the conclusion of
the videotaped deposition, the videotape operator shall deliver the tape
to the officer who shall take physical custody thereof for the purpose
of arranging for the making of one copy thereof. Upon return to the officer
of the original and copy of the tape, the officer shall seal and file
the original with the deputy clerk of the Superior Court in the county
in which the matter is pending and shall deliver the copy to the party
taking the deposition. That party shall then furnish a copy of the tape
to an adverse party who shall make it available for copying and inspection
to all other parties.
(e) Use. Videotaped depositions may be used at trial in accordance with
R. 4:16-1. In addition, a videotaped deposition of a treating physician
or expert witness, which has been taken in accordance with these rules,
may be used at trial in lieu of testimony whether or not such witness
is available to testify and provided further that the party who has taken
the deposition has produced the witness for further videotaped deposition
necessitated by discovery completed following the original videotaped
deposition or for other good cause. Disputes among partiesregarding the
recall of a treating physician or expert witness shall be resolved by
motion, which shall be made as early as practicable before trial. The
taking of a videotaped deposition of a treating physician or expert witness
shall not preclude the party taking the deposition from producing the
witness at trial.
(f) Objections. Where a videotaped deposition of a treating physician
or expert witness is taken for use at trial in lieu of testimony, all
evidential objections shall, to the extent practicable, be made during
the course of the deposition. Each party making such objection shall,
within 30 days following the completion of the deposition, file a motion
for rulings thereon and all such motions shall be consolidated for hearing.
A copy of the tape shall be edited in accordance with said rulings and
the copy so edited shall be sealed and filed with the clerk after all
parties have had the opportunity to view and copy it.
(g) Cost of Videotaped Depositions. All out-of-pocket expenses incurred
in connection with a videotaped deposition, including the making of copies
herein required and the editing of tapes, shall be borne, in the first
instance, by the party taking the deposition. The cost of court presentation
of the deposition shall be borne, in the first instance, by the party
offering the deposition.
(h) Record on Appeal. Where a videotaped deposition is used at trial,
a typewritten transcript thereof shall be included in the record on appeal.
The videotape itself shall not constitute part of the record on appeal
except on motion for good cause shown.
Note: Adopted July 21, 1980 to be effective September 8, 1980; paragraph
(e) amended June 29, 1990 to be effective September 4, 1990; paragraph
(c) amended July 13, 1994 to be effective September 1, 1994; paragraph
(d) amended June 28, 1996 to be effective September 1, 1996.
Under NJ Law, you personally will be liable for all unpaid medical and
treatment bills. Many MRI facilities and physical therapy centers fail
to provide notice of unpaid bills to clients. They sometimes fail to properly
submit to insurance, major medical or other available insurance's. We
highly recommend you call all doctors, hospitals and any other medical
providers to determine the unpaid bills and confirm when they sent their
bill to the insurance companies. If there is an unpaid bill, have the
medical provider send a copy to you, and fax a copy to my office. Under
the New Jersey Collateral Source Law, a defendant can never be liable
for any bills unless the bill is first submitted to the insurance companies.
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