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


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.

What Are Interrogatory Questions?


Interrogatory Questions and Discovery  The Complaint and Defendant's Answer is followed by a request for 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, you will receive detailed instructions as to procedure and will be requested to watch a videotape. After taking depositions, the case will be set down for an Arbitration. If the parties do not settle after the Arbitration, the case will be given a trial call date.  Altogether, these procedures may take from six 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.  An injured person and their attorney must answer Court Rule Interrogatory Questions Form A, plus supplemental questions propounded by the attorney for the defendant.   The Court Rules require plaintiffs provide answers. If answers are not provided your case will be dismissed.
 You must answer each and every question as detailed as possible.  Do not answer  any of the questions with, "see doctor's report" or "see bills."  We strongly recommend you visit the accident site if possible to refresh your recollection as to distances and buildings nearby. Your attorney will later type up your answers and mail a copy back to you for your records.
The following are the Questions:
Form A. Uniform Interrogatories to be Answered by Plaintiff in All Personal Injury Cases: Superior Court
All questions must be answered unless the court otherwise orders or unless a claim of privilege or protective order is made in accordance with R. 4:17-1(b)(3). (Caption) 1. Full name, present address and date of birth. 2. Describe in detail your version of the accident or occurrence setting forth the date, location, time and weather. 3. Detailed description of nature, extent and duration of any and all injuries. 4. Detailed description of injury or condition claimed to be permanent together with all present complaints. 5. If confined to a hospital, state its name and address, and dates of admission and discharge. 6. If any diagnostic tests were performed, state the type of test performed, name and address of place where performed, date each test was performed and what each test disclosed. Attach a copy of the test results. 7. If treated by any health care provider, state the name and present address of each health care provider, the dates and places where treatments were received and the date of last treatment. Attach true copies of all written reports provided to you by any such health care provider whom you propose to have testify in your behalf. 8. If still being treated, the name and address of each doctor or health care provider rendering treatment, where and how often treatment is received and the nature of the treatment. 9. If a previous injury, disease, illness or condition is claimed to have been aggravated, accelerated or exacerbated, specify in detail the nature of each and the name and present address of each health care provider, if any, who ever provided treatment for the condition. 10. If employed at the time of the accident, state: (a) name and address of employer; (b) position held and nature of work performed; (c) average weekly wages for past year; (d) period of time lost from employment, giving dates; and (e) amount of wages lost, if any. 11. If there has been a return to employment or occupation, state: (a) name and address of present employer; (b) position held and nature of work performed; and (c) present weekly wages, earning, income or profit.
12. If other loss of income, profit or earnings is claimed: (a) state total amount of the loss; (b) give a complete detailed computation of the loss; and (c) state the nature and source of the loss of income, profit and earnings, and he dates of the deprivation. 13. Itemize in complete detail any and all moneys expended or expenses incurred for hospitals, doctors, nurses, diagnostic tests or health care providers, x-rays, medicines, care and appliances and state the name and address of each payee and the amount paid and owed each payee. 14. Itemize any and all other losses or expenses incurred not otherwise set forth. 15. Identify all documents that may relate to this action, and attach copies of each such document. 16. State the names and addresses of all eyewitnesses to the accident or occurrence, their relationship to you and their interest in this lawsuit. 17. State the names and addresses of all persons who have knowledge of any facts relating to the case. 18. If any photographs, videotapes, audio tapes or other forms of electronic recording, sketches, reproductions, charts or maps were made with respect to anything that is relevant to the subject matter of the complaint, describe: (a) the number of each; (b) what each shows or contains; (c) the date taken or made; (d) the names and addresses of the persons who made them; (e) in whose possession they are at present; and (f) if in your possession, attach a copy, or if not subject to convenient copying, state the location where inspection and copying may take place. 19. If you claim that the defendant made any admissions as to the subject matter of this lawsuit, state: (a) the date made; (b) the name of the person by whom made; (c) the name and address of the person to whom made; (d) where made; (e) the name and address of each person present at the time the admission was made; (f) the contents of the admission; and (g) if in writing, attach a copy. 20. If you or your representative and the defendant have had any oral communication concerning the subject matter of this lawsuit, state: (a) the date of the communication; (b) the name and address of each participant; (c) the name and address of each person present at the time of such communication; (d) where such communication took place; and (e) a summary of what was said by each party participating in the communication. 21. If you have obtained a statement from any person not a party to this action, state: (a) the name and present address of the person who gave the statement; (b) whether the statement was oral or in writing and if in writing, attach a copy; (c) the date the statement was obtained; (d) if such statement was oral, whether a recording was made, and if so, the nature of the recording and the name and present address of the person who has custody of it; (e) if the statement was written, whether it was signed by the person making it; (f) the name and address of the person who obtained the statement; and (g) if the statement was oral, a detailed summary of its contents. 22. If you claim that the violation of any statute, rule, regulation or ordinance is a factor in this litigation, state the exact title and section. 23. State the names and addresses of any and all proposed expert witnesses. Set forth in detail the qualifications of each expert named and attach a copy of each expertís current resume. Also attach true copies of all written re-ports provided to you by any such proposed expert witnesses. With respect to all expert witnesses, including treating physicians, who are expected to testify at trial and with respect to any person who has conducted an examination pursuant to Rule 4:19, who may testify, state each such witness's name, address and area of expertise and attach a true copy of all written reports provided to you. If a report is not written, supply a summary of any oral report provided to you. State the subject matter on which your experts are expected to testify. State the substance of the facts and opinions to which your experts are expected to testify and a summary of the grounds for each opinion. 24. State whether you have ever been convicted of a crime. YES ( ) or NO ( ). If the answer is "yes", state: (a) date; (b) place; and (c) nature.
TO BE ANSWERED ONLY IN AUTOMOBILE ACCIDENT CASES 25. Do you have insurance coverage and/or PIP benefits under an applicable policy or policies of automobile insurance? As to each such policy provide the name and address of the insurance carrier, policy number, the named insured and attach a copy of the declaration sheet. If you are making a claim for property damage to a motor vehicle, provide answers to the uniform interrogatories contained in Form B, questions 1 through 18.
RULE 4:17. INTERROGATORIES TO PARTIES 4:17-1. Service, Scope of Interrogatories  (a) Generally. Any party may serve upon any other party written interrogatories relating to any matters which may be inquired into under R. 4:10-2. The interrogatories may include a request, at the propounder's expense, for a copy of any paper. (b) Uniform Interrogatories in Certain Actions.        (1) Limitations on Interrogatories. In all actions seeking recovery for property damage to automobiles and in all personal injury cases other than wrongful death, toxic torts, cases involving issues of professional  malpractice other than medical malpractice, and those products liability cases either involving pharmaceuticals or giving rise to a toxic tort claim, the parties shall be limited to the interrogatories prescribed by Forms A, B and C of Appendix II, as appropriate, provided, however, that each party may propound ten supplemental questions, without subparts, without leave of court. Any additional interrogatories shall be permitted only by the court in its discretion on motion.
       (2) Automatic Service of Uniform Interrogatories. A party defendant served with a complaint in an action subject to uniform interrogatories as prescribed by subparagraph b(1) of this rule shall be deemed to have been simultaneously served with such interrogatories. The defendant shall serve answers to the appropriate uniform interrogatories within 60 days after service by that defendant of the answer to the complaint. The plaintiff in such an action shall be deemed to have been served with uniform interrogatories simultaneously with service of defendant's answer to the complaint and shall serve answers to the interrogatories within 30 days after service of the answer to the complaint. In all actions commenced prior to September 5, 2000, however, answers to uniform interrogatories shall be demanded by letter of demand served upon all adverse parties within the time prescribed by R. 4:17-2, and answers shall be served within the time prescribed by R. 4:17-4(b).
       (3) Claims of Privilege, Protection. Privileged information need not be disclosed provided the claim of privilege is made pursuant to R. 4:10-2(e). Nor need information be disclosed if it is the subject of an identified protective order issued pursuant to R. 4:10-3.         (4) Obligation to Answer Every Question. Except as otherwise provided in subparagraph (b)(3) of this rule, every question propounded by a uniform interrogatory must be answered unless the court has otherwise ordered.  4:17-2. Time to Serve Interrogatories  Interrogatories may, without leave of court, be served upon the plaintiff or answers demanded pursuant to R. 4:17-1(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. Except as provided in R. 4:17-1(b)(2), initial interrogatories shall be served by plaintiff as to each defendant within 40 days after service of that defendant's answer and each defendant shall serve initial interrogatories within said 40-day period. 4:17-3. Number of Copies Served; Form of Interrogatories  The party serving the interrogatories shall furnish the answering party with the original thereof. The interrogatories shall be so arranged that after each separate question shall appear a blank space reasonably calculated to enable the answering party to have the answer typed in. 4:17-4. Form, Service and Time of Answers  (a) Form of Answers; By Whom Answered. Except as otherwise provided in this rule, interrogatories shall be answered in writing under oath by the party upon whom served, if an individual, or, if a public or private corporation, a partnership or association, or governmental agency, by an officer or agent who shall furnish all information available to the party. If a party is unavailable, the interrogatories may be answered by an agent or authorized representative, including a liability carrier who is conducting the defense, whose answers shall bind the party. The party shall furnish all information available to the party and the party's agents, employees, and attorneys. The person answering the interrogatories shall designate which of such information is not within the answerer's personal knowledge and as to that information shall state the name and address of every person from whom it was received, or, if the source of the information is documentary, a full description including the location thereof. Each question shall be answered separately, fully and responsively either in the space following the question or on separate pages. Except as otherwise provided by paragraph (d) of this rule, if in any interrogatory a copy of a paper is requested, the copy shall be annexed to the answer. If the interrogatory requests the name of an expert or treating physician of the answering party or a copy of the expert's or treating physician's report, the party shall comply with the requirements of paragraph (e) of this rule.         (b) Service of Answers; Time; Enlargement of Time. Except as otherwise provided by R. 4:17-1(b)(2), the party served with interrogatories shall serve answers thereto upon the party propounding them within 60 days after being served with the interrogatories. For good cause shown the court may enlarge or shorten such time upon motion on notice made within the 60-day period. Consent orders enlarging the time are prohibited.        (c) Copies; Service by Propounding Party. The original of the answers shall be served upon the propounding party, who shall then serve a copy of the interrogatories and answers upon each of the other parties. Parties against whom default has been entered need not, however, be served, and parties represented by the same attorney need be served with one copy.        (d) Option to Produce Business Records. Where the answer to an interrogatory may be derived or ascertained from or requires annexation of copies of the business records of the party upon whom the interrogatory has been served or from an examination, audit or inspection of such business records, or from a compilation abstract or summary based thereon, and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served, it is a sufficient answer to such interrogatory to specify the records from which the answer may be derived or ascertained and to afford to the party serving the interrogatory reasonable opportunity to examine, audit or inspect such   records and to make copies, compilations, abstracts or summaries.         (e) Expert's or Treating Physician's Names and Reports. If an interrogatory requires a copy of the report of an expert witness or a treating physician, the answering party shall annex to the interrogatory an exact copy of the entire report or reports rendered by the expert or treating physician or a complete summary of any oral report. The answering party shall further certify to not knowing of the existence of other reports of that expert or treating physician, either written or oral, and if such become later known or available, they shall be served promptly on the propounding party, but in no case later than the time provided by R. 4:17-7. If the answer to an interrogatory requesting the name and report of the party's expert or treating physician indicates that the same will be supplied thereafter, the propounder may, on notice, move for an order of the court fixing a day certain for the furnishing of that information by the answering party. Such order may further provide that an expert or treating physician whose name or report is not so furnished shall not be permitted to testify at trial.

Uncontested Divorce


en individuals have family problems, family and service groups can often offer advice and help resolve problems. If separation or divorce is unavoidable, you should see an attorney for advice on how to protect your rights. Areas to Discuss at Initial Interview
When you first meet with your attorney, you should discuss and ask questions regarding the following:
Resolving marital problems
Financial concerns involving child support, alimony, spousal support, pendente lite support and equitable distribution of property acquired during the marriage
Determining child custody and visitation
Grounds for divorce
Domestic Violence Act and Restraining Order
Legal Rights and procedures in court
Retaining the attorney and payment for legal services and costs
Emergency Decision By The Court If necessary the Superior Court can make temporary decisions regarding:
Restraints to keep a violent spouse from harassing and interfering with your life
Occupancy of your house, apartment or condominium
Temporary custody and visitation of minor child
Temporary financial support for children and spouse
Injunction against disposal of personal property, real estate and other assets
Other temporary orders in the discretion of the Judge
Grounds For Divorce Under NJ laws a divorce may be granted for any of the following causes:
Adultery
Willful and continued desertion for 12 or more months, either physical desertion or refusal to have sexual relations with the other spouse may establish this cause.
Extreme cruelty, including any physical or mental cruelty that endangers your safety or health, or which makes continued living together improper or unreasonable.
Separation, if separate and different places of living have been maintained for a least 18 consecutive months or more and there is no reasonable prospect of reconciliation.
"No-Fault" is the familiar term for a divorce based on the separation for at least 18 months. Neither side needs to set forth allegations of fault or abuse. Court appearances are still required.
Voluntarily-induced addiction or habituation to a narcotic drug or habitual drunkenness for 12 or more consecutive months.
Mental illness which resulted in the spouse being kept in an institution for 24 or more
consecutive months after the marriage was begun.
Imprisonment of the spouse for 18 or more consecutive months after the marriage was begun. ( This cause for divorce can be charged after the defendants release from prison only if the husband and wife have not resumed living together after imprisonment ended.)
Deviant sexual conduct voluntarily performed by the defendant without the consent of the spouse.
Is there a "legal separation?"
Technically, there is no such thing in New Jersey as a "legal separation." Separation simply means that you and your spouse no longer live together. Separation may occur by mutual consent or by one of you leaving or being expelled from your home.
What if my spouse has physically abused me?
If there has been actual or threatened physical abuse, your spouse may be ordered by the court to leave your residence and to stay away.
Filing For Divorce
A formal written document called a "complaint" will be prepared by your attorney based upon the information you have supplied. You must sign a statement to verify that the information in the complaint dealing with marriage, residency, children and grounds for divorce are true.
The complaint is filed with the Superior Court of New Jersey, Family Part. A copy of the complaint must then be served on your spouse, either by the County Sheriff, by mail or in person. The attorney for the defendant spouse may accept service of the complaint in lieu of the sheriff serving the complaint.
What The Defendant Spouse Must Do
If served with a Complaint or demand letter from an attorney, you should immediately consult an attorney for advice. If you contest any of the statements in the complaint, you must have a formal pleading called an "answer" filed on your behalf. You can contest alimony, custody, child support and/or equitable distribution of property. You can also file your own complaint called a "Counter-Claim." Even if you do not object to the divorce, you should speak with your attorney because other issues could effect you for many years in the future. If an answer is not filed, a default will be entered against you and a judge will make a decision without your opinion. Thereafter, you will bound by the decision of the judge. Failure to obey all portions of the court order can result in financial penalties and arrest.
Case Information Statement
If child support, alimony and equitable distribution are in issue, both spouses must fill out a Case Information Statement (CIS). This demands comprehensive information regarding your weekly, prior year and current assets, and liabilities. The court will use financial information contained in the CIS to make a determination as to the amount of child support.
Litigation
In addition to the CIS, in a contested matter, Court rules permit the attorneys to require the parties to supply written answers to interrogatories (questions), depositions, (verbal answers), produce documents or admit details.
How Long Does It Take
When the divorce will be granted depends on many details. The more you and your spouse can agree upon, the faster your case can move along. There is a substantial backlog of cases that is beyond the control of your attorney. In an uncontested divorce, where all issues are agreed upon, Final Divorce hearing and divorce could be granted within a few months of filing the complaint. If any issues are contested and cant be settled, a trial and final decision could take years.
Property Settlement Agreement
The parties may agree on signing a written agreement dividing marital property and setting forth support payments. A written agreement can be made prior to the complaint or pending trial. The agreement can provide for custody, visitation, alimony, medical expenses and insurance coverage.
After a husband and wife separate, and especially if they intend to divorce, it is desirable for them to enter into a written contract to provide for: division of real estate and personal property; support, if any, payable to the dependent spouse and children; responsibility for debts and legal fees; health and life insurance arrangements; custody and visitation of children.
Also included are many other items which set forth the mutual rights and duties of the two people. Such an agreement is a contract, but may be enforced as though it is an order of court, (except certain portions such as child custody, support and visitation, which may be modified by the Court), depending on its terms and contents. It is written by your attorneys and follows negotiations between you and your spouse and your attorneys.
Child Support
The judge will follow written guidelines when determining child support. The judge will look at the income of both parties and make an order compelling child support within the guidelines. The judge could also order medical and dental insurance, the payment of day-care and baby-sitting, private school tuition, and life insurance on each parents life with the child as the beneficiary. The court may also order payment of future college tuition.
Who is responsible for the support of the children?
The law imposes a duty on both parents to support their children. This obligation exist even if the parents are not married, and it continues after divorce. In determining the amount of child support to be paid by one parent to the other, the court will consider the respective incomes, earning capacities, assets and needs of both parents, and the needs of the children. The Judge has a "chart" in which he must follow to determine the amount of support that can be compelled.
What is the procedure for obtaining spouse and child support?
A person seeking spouse and/or child support may file a motion for support in the Family Court, in many cases and in all cases involving welfare, a conference will be held by a hearing officer at which both parties will be required to disclose their respective incomes and assets and prove their respective needs. An attempt will be made by the hearing officer to have the parties reach an agreement as to the amount of support. If an agreement cannot be reached, the usual procedure is for the hearing officer to submit a recommendation to the court.
If either party is not satisfied with the recommendation, he or she may demand a hearing before the court at which the order could be modified. If both parties are satisfied with the order entered by the court on the hearing officers recommendation, it will be the final order.
Can a support order be changed?
Either spouse or parent may seek modification (increase or reduction) of a support order if he or she can demonstrate that a material and substantial change of circumstances has taken place since the order was entered. An increase or decrease in earnings or an increase in the needs of the children as they grow older are examples of material and substantial changes in circumstances. Once a child reaches age 18, and is out of school the parents generally are no longer required to support that child. A motion must be made in the Superior Court to reduce or end support. However, if the child is unable to support himself or herself because of some physical, mental or emotional disability, the duty of support continues beyond 18. Parents may also be required to pay support to a child who is attending college.
Custody And Visitation
The "best interest of the child" is the basis on how the judge awards custody of the child. The mother is no longer automatically given custody of the children. The judge looks at the age and sex of the child, ability of the parent to care for the child, personal relationships and, if older, the wishes of the child. Visitation will also be ordered under most circumstances. An equal sharing of physical custody of children is also possible in appropriate cases.
As children get older, greater weight is given by the court to the childs preference as to which parent he or she wishes to reside. An important factor considered by the court is the continued residency of children in a familiar and stable home environment.
Courts are reluctant to disturbance existing arrangement if the children are doing well. The courts are also reluctant to split children between two parents because courts believe that it is in the best interest of brothers and sisters to remain together even though their parents have separated or are divorced.
Equitable Distribution
Most parties eventually reach an agreement to divide property. In New Jersey, each spouse is entitled to a share of the property acquired during the marriage. There is not an automatic 50/50 split. Rather, the judge will make an "equitable distribution" of property after hearing testimony. There is no magic formula. The judge has discretion.
Final Judgment
Upon agreement or after a trial, the judge will enter a "Final Judgment of Divorce". This will declare that the marriage has ended. The judge will sign the Final Judgment of Divorce and it will be filed with the Superior Court in Trenton.
The Final Judgment will also set forth items agreed upon or ordered, such as custody, support, and equitable distribution. After the Divorce, to make a change in support, custody, visitation etc, a formal motion must be made to the Superior Court. In this motion you must demonstrate a change in circumstances.
Our hourly retainer rates are $250 per hour in office and $275 per hour outside office. Minimum fee in uncontested Divorce $1,500

Trying Cases in Municipal Court Speakers


width=960


Trying Cases in Municipal Court
Speakers Joshua Reinitz, Esq, John Menzel, J.D. Section Chair, Jon-Henry Barr, Esq. President NJ Prosecutors Assoc. and winner of 2014 Municipal Court Attorney of the Year, Kenneth Vercammen, Esq. Past Municipal Court Attorney of the Year
NJ State Bar Association NJSBA Annual Meeting
Borgata Hotel Atlantic City

Termination of Child Support upon Emancipation in New Jersey


By Kenneth Vercammen, Esq.
Child support is usually paid through a wage withholding garnishment at the parents job. Child support orders and wage withholding continue forever against you until a Superior Court Judge signs a Formal Court Order terminating or modifying support. It is not sufficient for you to simply wait for a child to finish school. Many Divorce decrees and Property Settlement Agreements state that child support will end upon emancipation. For example, the term "emancipation" is sometimes defined as follows: (i) The completion of the childs formal education on a matriculated basis, whether it be graduation from a four year undergraduate school or high school, it being understood that so long as the child is diligently pursuing his formal education through a four year undergraduate college education and obtaining passing grades the child shall not be considered emancipated. (ii) Upon the completion of any of the aforesaid segments of the childs education, and upon the failure to commence the next segment of his education, or upon leaving school, the child shall be deemed emancipated unless failure to continue on with his education has resulted from injury or illness or some other cause beyond the childs control. (iii) The marriage of the child. (iv) Entry into the military or armed forces by the child.
Your attorney can draft the appropriate Motion to terminate child support if the child is emancipated. You will need to provide your attorney with relevant papers including a copy of the Final Judgment for Divorce, any other Child Support Orders, copy of birth certificate if available, proof of graduation from school or working full time, etc. Sometimes the child support recipient, usually the mother, will sign a Consent Order which your attorney can file without the need for a formal Motion. However, generally a Formal written Notice of Motion must be filed in the County Superior Court where the child support Order was entered. The requirements of the Motion are detailed and must include the correct filing fees. Child support does not end merely if the child reaches 18 and graduates high school. Most child support Order continue child support if the child is in college full time. However, dont give up. In the unreported Appellate Division decision of Kozak v Kozak __ NJ Super. __ (App. Div. decided January 9, 2003) the court reduced child support during the period of time the child resided at the college campus. The judge properly determined it was appropriate to calculate child support only for the period of time the child was not residing at college.
The Motion will need to include the following type of language: PLEASE TAKE NOTICE that the undersigned, attorney for payor parent, will apply to the above named court, at the Court House, on [motion date] for an Order directing that child support payments shall end since the child is now of legal age and emancipated. PLEASE TAKE FURTHER NOTICE that the undersigned shall rely upon the Certification of payor in support of this motion.
All Motions, Family, Civil, Criminal and Chancery/ Equity must include a Certification of mailing, similar to the following: CERTIFICATION OF MAILING The undersigned hereby certifies that the original Notice of Motion, Certification and all supporting papers have been filed directly with the __________ County Family Division Motions Clerk, _____________, New Jersey. It is further certified that a copy of the Notice of Motion, Certification and all supporting papers have been served by certified and regular mail upon all counsel and individuals indicated in the Notice of Motion.
Often, the Certification we prepare will include some of the following language:
CERTIFICATION OF c1 IN SUPPORT OF NOTICE OF MOTION FOR TERMINATION OF CHILD SUPPORT OF c3 I, c1, of full age, hereby certify the following: 1. I am the defendant in the within cause of action and file this Certification in support of my Notice of Motion seeking relief and modification of the Courts prior Order of ___________________. Exhibit 1 2. I was divorced on ____________________, ____________ County, New Jersey. 3. On _______________, the Honorable ______________, ordered me to pay support in the amount of $________ per week for the support of c3, who was residing with my ex-wife. 4. c3 was born on _______________. My child is now 18 years old. Birth certificate Exhibit 2. He works full-time. C3 is not enrolled full time in school. 5. I anticipate retiring someday and need to invest money into a retirement plan. 6. I request that the court terminate child support. I hereby certify that the foregoing statements made by me are true to the best of my knowledge. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. Order The Motion, Certification, Exhibits and proposed Order prepared by your attorney will be submitted to a Superior Court Judge in the Family Part. The proposed Order prepared by your attorney will usually contain some of the following language:
O ORDER FOR TERMINATION OF CHILD SUPPORT OF c3 This matter having been opened to the Court upon motion of ___, Esq., attorney for c3, for an Order to terminate child support payments, and the Court having considered he Certifications of c1 and c3, documents attached in support of the Motion, and the argument of counsel, if any, and for good cause shown, it is on this __________ day of __________________, 2003, hereby ORDERED that child support for c3 is terminated as of _______________, and it is further ORDERED that the Probation Department immediately update its records upon receipt of this order, and it is further ORDERED that any child support payments withheld after ___________________, shall be refunded to c3 by the Probation Department or o1 within 20 days of receipt of this order, and it is further
ORDERED that a copy of this order be served upon all Counsel, the Probation Department and parties within ten (10) days.
__________________________ , J.S.C.
After the Order is filed, there is a need to serve copies on the payee parent, Probation Department, your job Personnel Dept/ Human Resources and other relevant persons and entities. Hire an experienced attorney when you have important legal needs. Typical fees for the Motion range between $1,200- $2,500 depending on work involved and experience level of the attorney.
The following is a portion of the additional information we need to draft a Motion: 1. Your Full Name:
___________________________________________________ First Last
2 Your Street Address: ________________________________ City ________________ State __ Zip Code ___________
3. Telephone Number:
Day: ____________________
Cell: ____________________
Night: _________________
4. E-mail address: ______________________________________
5.(a)Referred by: _____________________________________
6. Your Date of Birth: ________________ SS # ____________ Month Day Year
7 Date of Marriage, if any _____________________________
8 Other parent
____________________________________________________ First Last name
9 Street Address _________________________
City ______________ State/Zip ______________
10 Name, Address, & Birthdate of all Child(ren); Person with whom Child(ren) Childs Full Name Address Birthdate Resides with
_________________
___________________
MISCELLANEOUS INFORMATION:
1. Name and Address of Your Employer (Provide Name and Address of Company if Self- Employed) Name of Employer _______________________________ Address ___________________________
BRIEF DESCRIPTION OF SPECIFIC PROBLEMS OR CONCERN? ______________________________________________________
______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________
The above information is a brief outline of work an experienced attorney can do for you. Always schedule an in- office consultation whenever an important legal matter arises.


Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year
   
FOR POTENTIAL CLIENTS TO CONTACT US DURING NON-BUSINESS HOURS, PLEASE FILL OUT THE FORM.
Name:
Cell Phone:
E-Mail Address
 
If You Do Not Include a Complete E-Mail Address, Network will not Forward Your Contact Form to the Law Office.
Details of the Case
Agree
By typing " agree" into the box you are confirming that you wish to send your information to the Law Office of Kenneth Vercammen

Change Image
Write the characters in the image above

Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year