New Jersey Motion to Intervene - Personal Injury

State:
Multi-State
Control #:
US-PI-0091
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample motion requesting permission from the Court to permit a party to intervene as a party-plaintiff and file an intervenor's complaint in a personal injury action.
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FAQ

A motion to consolidate an action pending in the Special Civil Part with an action pending in the Chancery Division or the Civil Part of the Law Division shall be heard, regardless of which action was first filed, in the county in which venue is laid in the Chancery or Law Division, Civil Part action.

Under New Jersey Court Rule , an adverse party can require a plaintiff in a personal injury action to submit to a physical or mental examination?i.e., an independent medical examination (?IME?) or DME. But when, if ever, is third-party observation or recording of an IME allowed?

Upon timely application anyone shall be permitted to intervene in an action if the applicant claims an interest relating to the property or transaction which is the subject of the action and is so situated that the disposition of the action may as a practical matter impair or impede the ability to protect that interest ...

?Motions for reconsideration are applicable only when the court's order is based on plainly incorrect reasoning, when the court failed to consider evidence, or there is good reason for it to consider new information on an issue decided.? [Cummings v. Bahr, 295 N.J. Super. 374, 384-385 (App. Div.

(a) Generally. Any party may serve upon any other party written interrogatories relating to any matters which may be inquired into under R. -2.

DEFINING ?POSSESSION, CUSTODY, OR CONTROL? Court Rule -1(a) permits a request for any documents within the opposing party's ?possession, custody or control.? [R. -1(a).]

When any document or paper is referred to in a pleading but is neither annexed thereto nor recited verbatim therein, a copy thereof shall be served on the adverse party within 5 days after service of his written demand therefor.

The plaintiff, within 45 days after being served with the third-party complaint, or, if the defendant has sought leave, within 45 days after being served with the order granting such leave, may amend the complaint to assert any claim against the third-party defendant arising out of the transaction or occurrence that is ...

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New Jersey Motion to Intervene - Personal Injury