To schedule a confidential consultation, call (732) 572-0500
Kenneth Vercammen & Associates, P.C. 2053 Woodbridge Avenue - Edison, NJ 08817


Monday, December 22, 2014

2015 update Wills and Estate Planning- Free Seminar for business owners

2015 update Wills and Estate Planning- Free Seminar                                  

  5:15pm-6pm

Law Office of Kenneth Vercammen, 2053 Woodbridge Ave, Edison, NJ 08817

       Invited:  Clients, Friends, Accountants, Business Owners, HR staff, Financial Planners, Insurance Agents, Nursing Home Staff, Hospital and Nursing Home Social Workers, Office on Aging Personnel, Senior Club Presidents, and Medicaid Workers,

COST: Free if you pre-register by email. Complimentary materials provided at 12:00 sharp. We previously held this seminar for the Metuchen and Edison Adult schools. This program is limited to 15 people. Please bring a canned food donation, which will be given to the St. James Food Bank located on Woodbridge Avenue in Edison, NJ. Please email us if you plan on attending or if you would like us to email the materials.
SPEAKER: Kenneth Vercammen, Esq.
                 (Author- Answers to Questions About Probate)
The new NJ Probate Law made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey.
Main Topics:
1. The New Probate Law and preparation of Wills                
2. 2014 changes in Federal Estate and Gift Tax exemption
3. NJ Inheritance tax $675,000
4. Power of Attorney                       
5.  Living Will                                           
6.  Administering the Estate/ Probate/Surrogate               
7.  Question and Answer                   

       COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney,  Living Wills, Real Estate Sales for Seniors, and Trusts.
       Co-Sponsor: Middlesex County Estate Planning Council

To attend or for Information: Mike McDonald 732-572-0500
or email VercammenLaw@Njlaws.com

Can’t attend?  We can email you materials

Send email to VercammenLaw@Njlaws.com

Tuesday, December 2, 2014

HOW TO SUE FOR AN AMOUNT OF MONEY UP TO $15,000 (SPECIAL CIVIL COMPLAINT AND SUMMONS


HOW TO SUE FOR AN AMOUNT OF MONEY UP TO $15,000
(SPECIAL CIVIL COMPLAINT AND SUMMONS – DC CASES ONLY) Updated November 17, 2014

Who Should Use This Packet?
You can use this packet if a person or company owes you up to $15,000 and you want to sue that person
or company. Some reasons you might sue a person or company are:
a person or company did not comply with a written or oral contract;
you paid money as a down payment and want it returned;
your property was damaged in a motor vehicle accident;
defendant damaged or lost your property;
merchandise you bought is defective;
work you paid for was faulty or not completed;
you want to be paid for work you did;
someone wrote you a bad check; or
you gave a landlord a security deposit that was not returned.
You cannot use this form for:
a claim for child support and/or alimony; or
a claim arising from a probate matter, a prerogative writ action or a claim for
equitable relief.
 NOTE: If you believe you are entitled to more than $15,000, your case should be filed in the Law Division,
Civil Part of the Superior Court. Even if you are suing for more than $15,000, you can still sue in
Special Civil, but you give up your right to recover any amount over $15,000. The additional money
cannot be claimed later in a separate lawsuit.
You must be at least 18 to file your claim. If you are under 18, your parent or guardian has to file the
claim for you. A corporation, limited liability company or limited liability partnership may not file a
complaint for more than $3,000 without a lawyer; such a complaint may be filed only by a lawyer
representing the corporation, limited liability company or limited liability partnership.
NOTE: These materials have been prepared by the New Jersey Administrative Office of the Courts for use by selfrepresented
litigants. The guides, instructions and forms will be periodically updated as necessary to reflect
current New Jersey statutes and court rules. The most recent version of the forms will be available at the
county courthouse or on the Judiciary’s Internet site (njcourts.com). However, you are ultimately
responsible for the content of your court papers.
 Completed forms are to be submitted to the Special Civil Part of the Superior Court in the county where you
are filing your case. A list of Special Civil Part Offices  is provided at the customer counter and at
njcourts.com .
Revised 11/17/2014, CN 10541-English (How to Sue for Amount of Money up to $15,000) Page 2 of 11
Civil - SCP
DC-Complaint - $15,000 Limit
THINGS TO THINK ABOUT BEFORE YOU REPRESENT YOURSELF IN COURT
TRY TO GET A LAWYER
The court system can be confusing and it is a
good idea to get a lawyer if you can. If you
cannot afford a lawyer, you may contact the
legal services program in your county to see if
you qualify for free legal services. The
telephone number can be found in your local
yellow pages under Legal Aid or Legal Services.
If you do not qualify for free legal services and
need help in locating an attorney, you can
contact the bar association in your county. Their
telephone number can also be found in your
local yellow pages. Most county bar
associations have a Lawyer Referral Service.
The County Bar Lawyer Referral Service can
supply you with the names of attorneys in your
area willing to handle your particular type of
case and who may sometimes consult with you
at a reduced fee.
There are also a variety of organizations of
minority lawyers throughout New Jersey, as well
as organizations of lawyers who handle
specialized types of cases. Ask your county
court staff for a list of lawyer referral services
that include these organizations.
WHAT YOU SHOULD EXPECT IF YOU
REPRESENT YOURSELF
While you have the right to represent yourself in
court, you should not expect any special
treatment, help, or attention from the court. You
must still comply with the Rules of the Court,
even if you are not familiar with them. The
following is a list of some things the court staff
can and cannot do for you. Please read it
carefully before asking the court staff for help.
- We can explain and answer questions about
how the court works.
- We can tell you what the requirements are to
have your case considered by the court.
- We can give you some information from
your case file.
- We can provide you with samples of court
forms that are available.
- We can provide you with guidance on how
to fill out forms.
- We can usually answer questions about court
deadlines.
- We cannot give you legal advice. Only your
lawyer can give you legal advice.
- We cannot tell you whether or not you
should bring your case to court.
- We cannot give you an opinion about what
will happen if you bring your case to court.
- We cannot recommend a lawyer, but we can
provide you with the telephone number of a
local lawyer referral service.
- We cannot talk to the judge for you about
what will happen in your case.
- We cannot let you talk to the judge outside
of court.
- We cannot change an order issued by a
judge.
KEEP COPIES OF ALL PAPERS
Make and keep for yourself copies of all
completed forms and any canceled checks,
money orders, sales receipts, bills, contract
estimates, letters, leases, photographs, and other
important documents that relate to your case.
Bring all documents to court if you are notified
that an appearance is necessary.
Revised 11/17/2014, CN 10541-English (How to Sue for Amount of Money up to $15,000) Page 3 of 11
Civil - SCP
DC-Complaint - $15,000 Limit
Definitions of Words That May Be Used In This Packet
Answer: a written response which explains why you believe you do not owe the money to the
other party in the case
Breach of Contract: is a failure to perform a promise which is a part of a written or oral
contract
Certification: a written statement made to the court swearing that the information contained in
the documents filed with the court is true to the best of your knowledge
Complaint: a document in which you briefly tell the court and the defendant the facts in your
case and the amount that you are suing for
Default: when the defendant does not appear in court to respond to the complaint or does not
file an answer, a judge may order in the plaintiff’s favor. This is called a default. Also, if you
(the plaintiff) do not show up in court, the court may dismiss the case
Defendant: the party who is being sued
File: means to give the appropriate forms to the court to begin the court’s consideration of
your request
Motion: a written request in which you ask the court to issue an order, or to change an order it
has already issued
Order: a written or oral command by a court directing or forbidding an act
Party: a person, business, governmental agency, etc., involved in a law suit as plaintiff or
defendant
Plaintiff: the person who starts the lawsuit by filing the complaint
Proof Hearing: the judge may order where you submit written documents or tell your story to
support or prove your claim
Service of Process: the official delivery of the complaint to the defendant
Summons: the paper that notifies the defendant that he or she is being sued and briefly
explains the steps they need to take once they have received this notice
Service: the mailing or delivering copies of your papers to the lawyer for the other party or to
the other party if there is no lawyer
Tort: is an injury inflicted on a person or property independent of a contract
Revised 11/17/2014, CN 10541-English (How to Sue for Amount of Money up to $15,000) Page 4 of 11
Civil - SCP
DC-Complaint - $15,000 Limit
How to Sue for an Amount of Money Up To $15,000
(Special Civil Complaint and Summons- DC Case Only)
The numbered steps listed below tell you about what forms you will need to fill out and what to
do with them.
Each form must be typed or printed clearly on “8 1/2 X 11” white paper only. Forms may not be
filed on a different size or color paper.
STEP 1: Fill out the SPECIAL CIVIL
COMPLAINT (FORM A)
The Special Civil Complaint tells the court
and the defendant the facts of the case and the
amount of money that you want from the
defendant.
STEP 2: Fill out the SPECIAL CIVIL PART
SUMMONS (FORM B)
The Special Civil Part Summons is
delivered by the court to the defendant in the
case (the person or company being sued). It
puts the defendant on notice that you have filed
a complaint against them. It also informs the
defendant of the steps he or she must take to
dispute the claim. Attach the summons form
and the filing fee (see Step 4) to the complaint
before mailing or delivering your papers to the
court.
The summons contains pre-printed
instructions that the court will attach when it
delivers the summons to the defendant.
STEP 3: Be sure that the papers can get to
the defendant
It is very important that you provide the
court with the defendant’s correct address.
After you file your papers with the court, the
court will mail or deliver the papers to the
defendant using the address you gave the court.
If the address is correct and the defendant is
served with the papers and answers the
complaint, then the court will notify both sides
of a trial date. The court will notify you if the
defendant cannot be found at the address you
provided. You must then provide the court
with another address and pay a reservice fee
within 60 days of the date you filed the
complaint or the case will be dismissed. It will
be reinstated automatically if you can provide a
valid address within one year.
STEP 4: Attach the filing fee
Make a check or money order payable to
the Treasurer, State of New Jersey. See page 7
for more information on how to compute the
filing fee.
STEP 5: Where to file the SPECIAL CIVIL
COMPLAINT (FORM A)
The complaint must be mailed or delivered
to the Office of the Special Civil Part Clerk in
the county where at least one defendant lives
or, if the defendant is a business entity, in the
county where its registered office is located or
in any county in which it actually does
business. If there is more than one defendant,
the complaint can be filed in the county where
any of the defendants live or, if a business
entity, is located or does business. If none of
the defendants live or do business in New
Jersey, the complaint must be filed where the
cause of the complaint occurred.
NOTE: A complaint for the return of a
security deposit may be filed in the county
where the landlord lives or where the landlord’s
property is located.
STEP 6: Check your completed forms
Check your forms and make sure they are
complete. Remove all instruction sheets. Make
sure you have signed the forms where you are
asked to sign them.
You must have all of the following items in
this order:
Complaint (FORM A)
Summons (FORM B)
Revised 11/17/2014, CN 10541-English (How to Sue for Amount of Money up to $15,000) Page 5 of 11
Civil - SCP
DC-Complaint - $15,000 Limit
Filing fee in the form of check or
money order. Please do not mail
cash. You may however use cash if
you pay in person, but keep the
receipt you get from the court staff
for your records.
STEP 7: Mail or deliver your package of
completed papers to the court.
You can deliver your papers to the court in
person or you can mail them. If you mail the
papers, we recommend that you use certified
mail, return receipt requested. This will
provide you with a green receipt card that can
serve as proof that you mailed the papers.
Your post office can tell you how to send
certified mail, return receipt requested.
Make at least 2 copies of the entire packet
of completed forms.
Mail or deliver to the court the original of
all the forms.
Keep one copy of the entire packet for your
own records.
Review steps 1 through 7 before mailing
this packet to the court.
STEP 8: The defendant may file an
ANSWER
After you file your papers with the court and
Service of Process is complete, the defendant
has the opportunity to dispute the claims in
your complaint by filing and serving a written
answer. A court date will not be set unless the
defendant mails or delivers a written answer,
along with the proper fees, to the Clerk of the
Special Civil Part within 35 days from the date
the complaint was served on the defendant. If
the defendant does not file an answer within the
time allowed, you may be entitled to a default
judgment once you submit your proofs to the
court.
STEP 9: You will get a court date for your
trial
After you file your papers with the court,
and assuming that the Service of Process is
complete and the defendant files an answer, the
court will send both sides a notice which tells
each side the date, time and the place they must
go to. You must appear in court on this date; if
you do not, your case may be dismissed. If the
other party does not appear, the court may find
the other party to be in default. If you cannot
make your court date because of circumstances
beyond your control, you must contact the
other side and the court in advance and request
that your trial date be rescheduled.
Bring all the evidence (documents,
photographs and witnesses) you need to prove
your case with you to court on your court date.
A witness’ written statement, even if under
oath, is not admissible in court. Only actual
testimony in court of what the witness heard or
saw will be allowed. Prepare your questions in
advance. Even if the defendant does not appear
in court, the judge may schedule a Proof
Hearing at which you must present all
documents that support your case, such as
canceled checks, money orders, sales receipts,
bills, contracts, estimates, leases, letters,
photographs and other documents proving your
claim.
The court will likely ask that you attempt to
settle your case with the help of a judge’s law
clerk or another trained mediator before you go
to trial. If you settle your case, you must tell
the judge and court clerk. If you need an
interpreter or an accommodation for a disability
for your trial, please contact the court before
your trial date.
Revised 11/17/2014, CN 10541-English (How to Sue for Amount of Money up to $15,000) Page 6 of 11
INSTRUCTIONS FOR COMPUTING FILING FEE
(Plaintiff’s Filing Fees Form) (Step 4)
Complaint Filing Fee:
Amount claimed is $3,000 or less - $50
or
Amount claimed is over $3,000 but less than $15,000 - $75
$____________
Each Additional Defendant:
If you are suing more than one person or company
$5 for each additional defendant
____________ x $5 =
$____________ total additional defendants
Mail Service Fee: $7 for each defendant ____________ x $7 =
$____________ total mail service fees
Jury Trial Fee:
If you request a jury trial by six jurors - $100 $____________
Total: $____________
Revised 11/17/2014, CN 10541-English (How to Sue for Amount of Money up to $15,000) Page 7 of 11
INSTRUCTIONS FOR COMPLETING FORM A
(Special Civil Part Complaint)
A. The plaintiff is you, the person who is suing, and the defendant is the person being
sued.
B. In the blank spaces in the center of the complaint, you must explain the reasons
you are suing the Defendant in detail. Some reasons you might sue a person or
company are:
a person or company did not comply with a written or oral contract;
you paid money as a down payment and you think you have a right to
have it returned;
your property was damaged in a motor vehicle accident;
defendant damaged or lost your property;
merchandise you bought is defective;
work you paid for was faulty or not completed;
you want to be paid for work you did;
someone wrote you a bad check; or
you gave a landlord a security deposit that was not returned.
C. Complete the information regarding interpreters or accommodations for a
disability.
D. If the complaint (Form A) or any of the copies of papers that you attach to the
complaint contain a Social Security number, driver’s license number, vehicle
plate number, insurance policy number, active financial account number or active
credit card number, you must redact (black out) this information so that it cannot
be seen, unless any such personal identifier is required to be included by statute,
rule, administrative directive or court order. If an active financial account is the
subject of your case and cannot otherwise be identified, you may use the last four
digits of the account to identify it. NOTE: Do not redact (black out) this
information in the original papers that you are keeping since you may have to
show them to the court at some point.
E. Date and sign the form.
NOTE: You may attach more sheets to the complaint if you need to.
Revised 11/17/2014, CN 10541-English (How to Sue for Amount of Money up to $15,000) Page 8 of 11
Special Civil Part Complaint – Form A
Superior Court Of New Jersey
Law Division, Special Civil Part
County
Plaintiff’s Name
Docket No.
Street Address
Town, State, Zip Code
CIVIL ACTION
Complaint
Telephone Number
vs.
Defendant’s Name (Person you are suing)
Street Address
Town, State, Zip Code
Telephone Number
Type or print the reasons you, the Plaintiff(s), are suing the Defendant(s): (See instruction B)
(You may attach more sheets if you need to)
The amount you, the Plaintiff(s) are demanding from the Defendant(s) $ _________________ plus interest and
$ ___________ for the costs of suing.
At the trial Plaintiff will need:
An interpreter Yes No Indicate Language:
An accommodation for disability Yes No Indicate Disability:
I certify that the matter in controversy is not the subject of any other court action or arbitration proceeding, now
pending or contemplated, and that no other parties should be joined in this action.
I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will
be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b).
Date Your Signature
Name Typed, Stamped or Printed
Revised 11/17/2014, CN 10541-English (How to Sue for Amount of Money up to $15,000) Page 9 of 11
INSTRUCTIONS FOR COMPLETING FORM B
(SPECIAL CIVIL PART SUMMONS)
Under the section labeled Plaintiff or Plaintiff’s Attorney Information, type or
print the name, address and telephone number of your attorney if you have one. If you are
representing yourself type or print your name, address and telephone number.
Under the section labeled Defendant Information, type or print the Defendant(s)
name, address and telephone number.
In the upper right hand corner before the word County, type or print the name of
the county you are suing in.
In the spaces below the word County, type or print the address and telephone
number of the courthouse you are filing in.
Where it says to Check One, check whether you are suing for breach of contract
or a tort (see definitions on page 4).
In the space after the words Demand Amount, type or print the amount you are
suing for.
In the space after the words Filing Fee, type or print the fee you calculated on
page 7 ($50 or $75, plus $5 for each additional defendant).
In the space after the words Service Fee, leave it blank for the court staff to
complete.
In the space after the words Attorney’s Fees, leave it blank. If you are represented
by an attorney, he or she will fill out that section for you.
Leave the area after the word Total blank for the court staff to complete.
Revised 11/17/2014, CN 10541-English (How to Sue for Amount of Money up to $15,000) Page 10 of 11
Plaintiff or Plaintiff’s Attorney Information: Demand Amount: $
Name: Filing Fee: $
Service Fee: $
Address: Attorney’s Fees: $
TOTAL $
SUPERIOR COURT OF NEW JERSEY
Telephone No.: LAW DIVISION, SPECIAL CIVIL PART
COUNTY
, Plaintiff(s)
versus
, Defendant(s) Docket No:
(to be provided by the court)
Civil Action
SUMMONS
(Check one): Contract or Tort
Defendant(s) Information: Name, Address & Phone:
RETURN OF SERVICE (For Court Use Only)
Date Served: ___________
RETURN OF SERVICE IF SERVED BY COURT OFFICER
Docket Number
Date: Time: WM WF BM BF OTHER
HT WT AGE HAIR MUSTACHE BEARD GLASSES
NAME: RELATIONSHIP:
Description of Premises
I hereby certify the above to be true and accurate:
Special Civil Part Officer
SPECIAL CIVIL PART SUMMONS AND RETURN OF SERVICE – FORM B

Revised 11/17/2014, CN 10541-English (How to Sue for Amount of Money up to $15,000) Page 11 of 11

Tuesday, November 4, 2014

What to Expect at a Deposition


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 workmens 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
Drivers 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
Veterans 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.
Plaintiffs 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 EXAMINATION
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 officers direction and in the officers 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 partys 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 proponents 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 proceed the rewith 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 partys attorney, including reasonable attorneys 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 parties regarding 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.

What to Expect at a Civil Deposition


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 workmens 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
Drivers 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
Veterans 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.
Plaintiffs 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:
RULE 4:14. DEPOSITIONS UPON ORAL EXAMINATION
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 officers direction and in the officers 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 partys 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 proponents 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 proceed the rewith 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 partys attorney, including reasonable attorneys 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 parties regarding 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.