New Jersey Interrogatories and Requests for Production — Personal Injury In a personal injury lawsuit in New Jersey, the process of discovery allows both parties to gather information and evidence to support their claim or defense. Two key tools used in this process are Interrogatories and Requests for Production. Both play a crucial role in building a strong case by uncovering vital information and obtaining relevant documents. 1. New Jersey Interrogatories: Interrogatories are written questions that one party sends to the other party involved in the personal injury case. The goal is to obtain detailed, written responses under oath, which can shed light on various aspects of the incident, injuries suffered, and the opposing party's arguments. Interrogatories play a crucial role in unraveling the facts and the opposing party's perspective. Some commonly asked Interrogatories in a personal injury case in New Jersey may include: a. Detailed account of the incident: The party may be asked to provide a comprehensive description of what happened regarding the incident that caused the injuries. This helps in building an accurate timeline and understanding the circumstances of the accident. b. Details about injuries sustained: The respondent may have to provide a detailed account of the injuries suffered, medical treatments received, and current medical conditions resulting from the incident. c. Prior accidents or injuries: The opposing party may be asked to disclose any previous accidents or injuries they have experienced to evaluate the extent to which the current injuries may be related. d. Witness information: Questions related to anyone who witnessed the accident, including their contact information, to gather potential testimony supporting either party's claims. e. Expert witnesses: In complex personal injury cases, Interrogatories may inquire about any expert witnesses the opposing party intends to use, their areas of expertise, and the basis for their opinions. 2. New Jersey Requests for Production: Requests for Production are formal requests for documents and tangible evidence related to the personal injury case. These requests aim to obtain any records, files, or materials that might be useful in supporting a claim or defense. Receiving the necessary documents can help establish liability, assess damages, and build a strong case. Different types of documents that may be requested in New Jersey Requests for Production include: a. Medical records: To establish the extent and nature of the injuries suffered, requests may be made for medical reports, test results, hospital bills, and other healthcare-related documents. b. Employment records: To assess the impact of the injuries on the injured party's work-life and earning capacity, requests may be made for employment records, pay stubs, and evidence of lost wages or reduced earning capacity. c. Accident reports: Requests can be made for police reports, incident reports, or any other documentation related to the accident itself. d. Insurance policies: To evaluate available coverage and potential sources of compensation, requests may be made for copies of the insurance policies held by either party. It's essential to understand that the specific Interrogatories and Requests for Production in a personal injury case may vary depending on the circumstances, nature of the injuries, and the legal strategies employed by the involved parties. Consulting with an experienced attorney specializing in personal injury cases in New Jersey is crucial to ensure the development of robust discovery requests tailored to the specific facts of the case.
New Jersey Interrogatories and Requests for Production - Personal Injury
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Your answers to the interrogatories should usually be short, clear, and direct and should answer only the question that is being asked. This is not the time to set out your entire case or defense to the other side. Take the time to make sure your answers are correct and truthful.
Generally, interrogatories are objectionable if they seek information that is not within the scope of discovery as defined in Maryland Rule 402 or Federal Rule 26(b). These are typically requests that are not relevant, unduly burdensome, broad, vague, privileged. or protected by the work product doctrine.
-2(d), a party may obtain discovery of documents, electronically stored information, and tangible things otherwise discoverable under R.
-2(d)(2), and unless manifest injustice would result, the payment by the party seeking discovery to the other party of a fair portion of the fees and expenses which had been reasonably incurred by the party retaining the expert in obtaining facts and opinions from that expert.
However, you can object to interrogatories that call for legal conclusions. You can also object to questions if they are not at all related to the court case. To object, you need to write out the reasons for the objection instead of answering the question.
Rule -2. Interrogatories may, without leave of court, be served upon the plaintiff or answers demanded pursuant to R. -1(b) after commencement of the action and served upon or demanded from any other party with or after service of the summons and complaint upon that party.
(1) If electronically stored information that should have been preserved in the anticipation or conduct of litigation is lost because a party failed to take reasonable steps to preserve it, and it cannot be restored or replaced through additional discovery, the court : (A) upon finding prejudice to another party from ...
You can use interrogatories to find out facts about a case but they cannot be used for questions that draw a legal conclusion.
Usually, lawyers use interrogatories to obtain detailed information about persons, corporations, facts, witnesses, and identity and locations of records and documents.
If your case is an unlimited civil case (over $25,000) you may ask up to 35 special interrogatories, but may ask more with a declaration explaining the need for additional requests and a statement that the request is not done for an improper purpose.