The Plaintiff
Personal History: (Anticipate every question in the answers to Interrogatories being posed again!) The following questions are just some of the questions a defense attorney can ask a personal injury plaintiff. We obtained these questions from a list prepared by insurance companies and given to their defense attorneys.
Name in Full
* Given Name* Name on Birth Certificate* Ever Used Any Other Name* If Plaintiff Female* Any Name When Married* Previous Names By Marriage* Nicknames or Names by Which Generally Known
Day, Month & Year of Birth
* Place of Birth* Ever Given Any Other Day of Birth* If So, Why
Schooling:
* What schools attended* What schools graduated* When left such school* Any special training schools* High schools* Special Training in military service
Past Employment:
* First job after leaving school* Names, Addresses of employers* If small corporation, who was owner* Is company still in business* Present address* Actual reason for leaving, resigned, discharged* Stated reason to employer for leaving* Ever left employment or changed place of employment for reasons of health* What employer plan or hospitalization if any, what insurance company
Present Employment if not Employee of Defendant:
* When first employed* Was any condition of health concealed from present employer or any employer* If so, what and why* Any workmen's compensation benefits ever received from present employer* Any hospitalization or medical services furnished by employer or employers or insurance company
Condition of Health Prior to Accident:
* Name of Regular Family Doctor* Doctor normally called by plaintiff or members of family when necessary* Present and past addresses of such doctor still in practice* Physical conditions for which treated or examined by such doctor* Any regular physical checkups by such doctor* Physical examination if any by present employer by past employers* Ever hospitalized for any condition of health
Ever X-Rayed:
* If so, what hospitals, when, where, what condition of health, period of stay, period of disability from work* Ever have any prior condition of health causing pain in any part of body, when, what part of body* Ever have numbness, tingling, dizziness any trouble with eye sight, hearing, breathing, maintaining balance, and pain in area
Claim History:
* Ever have accident/injury for which claim was made by plaintiff or against plaintiff* Ever received any money from any insurance company for claimed personal illness or accident* Any health insurance (even if no claim)* What company at present* Any other companies in the past* Any benefits received from other company
Life Insurance:
* Medical examinations for life insurance* When, where, what doctor* Names of companies with which policies >presently held or formerly held* Ever rejected on application for life insurance
Family History:
* Married or single* Name of wife, husband* Ever divorced* Names of previous wives, husbands* Former residences* Place where divorce occurred* Present name of previous spouse* Children* Age of children* Residence of children* Children by other marriages* Any dependent children
Driver's License:
* What state, when issued* Record number & date of issue* Any restrictions on license* Ever have license suspended* Ever licensed in other states which was suspended or restrictions
Criminal record:
* Ever been arrested* Ever jailed* Ever suspended sentence* Ever convicted of felony* Ever placed on probation* Driving license ever suspended for traffic violation for other reasons
Personal Habits:
* Use of alcohol* Frequency* Any alcohol on day of accident* Any alcohol within 24 hours before accident
Personal Information:
* Ever wear glasses for reading or generally* Where glasses obtained* Reason for wearing glasses* Name of doctor prescribing glasses* Have glasses recently been* changed since accident* Same glasses now as before accident* Why not* Glasses broke in accident* Glasses on person in accident
Previous earning:
* Employment at time of accident* Hourly rate of pay* Normal rate of pay* Normal working hours* Overtime* Average yearly earnings* Average monthly earnings presented paid* Average paycheck take home* Previous earnings from other employers* Present rate of pay
If plaintiff not returned to employment:
* Rate of pay presently being paid for or a time of accident* Any earnings from second jobs* Any earnings from self-employment* Any past earnings from any source* Any past income from any source
Military Service:
* When and where registered for military service* If deferred, for what reason* Classification* Draft Card* Social Security Number* If in service :* serial number* place entered service* place discharged from service* Request authorization to obtain records* Army* Navy* Veteran's Bureau* Selected Service records* Any disability payment at present or ever* Date of discharge* Does plaintiff have copy of discharge papers
Ability to read:
* Inquire as to schooling* If schooling limited inquire as to ability to read on asking questions about eyesight* Does Plaintiff have any difficulty in reading newspapers, books and letters from friends
THE ACCIDENT/MEDICALS:
* Location:* Exact location, if possible* Landmarks* Special objects in vicinity* Is condition of area the same now* What changes* Was condition of area the same on other occasions before accident* Any special condition on day of accident* Familiarity of plaintiff with the area* Prior to accident any different condition noted* How frequently is plaintiff in area
Conditions in area:
* Lighting* If artificial lights, were lights on* Any light bulbs missing* Any unusual condition of lighting nor normal* Any obstructions to visibility* Darkness, smoke, haze, clouds, dust, sun in eyes, raining, frosty, dampness, mud, slippery* If wears glasses, was plaintiff wearing glasses at time of accident: sun glasses or goggles.
The Accident
Plaintiffs full story of the accident in narrative form and then in chronological order
After Plaintiff has related inquire into circumstance.
Plaintiff's Oral Statements:
Did plaintiff tell anyone how accident happened immediately after the accident
If so, who, when
Did person informed make any responses as to knowledge of accident, or any comments as to conditions surrounding accident
If another employee involved in accident, any conversation with any employee
Court rules on deposition 2002:RULE 4:14. DEPOSITIONS UPON ORAL EXAMINATION
4:14-1. When Depositions May Be Taken
Except as otherwise provided by R. 4:14-9(a), after commencementof the action, any party may take the testimony ofany person, including a party, by deposition upon oralexamination. Leave of court, granted with or without notice,must be obtained only if the plaintiff seeks to take a depositionprior to the expiration of 35 days after service of thesummons and complaint upon the defendant by any manner, exceptthat leave is not required if the defendant hasalready served a notice of taking deposition or otherwise soughtdiscovery. The attendance of witnesses may becompelled by subpoena as provided in R. 4:14-7. The deposition ofa person confined in prison may be taken only byleave 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 adoptedJuly 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 effectiveSeptember 1, 1998; amended July 5, 2000 to be effective September 5,2000.
4:14-2. Notice of Examination; General Requirements; Deposition ofOrganization
(a) Notice. Except as otherwise provided by R. 4:14-9(b), a partydesiring to take the deposition of any person uponoral examination shall give not less than 10 days notice inwriting to every other party to the action. The notice shallstate the time and place for taking the deposition, which shallbe reasonably convenient for all parties, and the name andaddress of each person to be examined, if known, and, if the nameis not known a general description sufficient toidentify the person or the particular class or group to which theperson belongs. If a defendant fails to appear or answerin 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 thetime for taking the deposition.
(c) Organizations. A party may in the notice name as the deponenta public or private corporation or a partnership orassociation or governmental agency and designate with reasonableparticularity the matters on which examination isrequested. The organization so named shall designate one or moreofficers, directors, or managing agents, or otherpersons who consent to testify on its behalf, and may set forthfor each person designated the matters on whichtestimony will be given. The persons so designated shall testifyas to matters known or reasonably available to theorganization.
(d) Production of Things. The notice to a party deponent may beaccompanied by a request made in compliance withand in accordance with the procedure stated in R. 4:18-1 for theproduction of documents and tangible things at thetaking of the deposition.
Note: Source-R.R. 4:20-1. Former rule deleted and new R. 4:14-2 adoptedJuly 14, 1972 to be effective September 5, 1972(formerly in R. 4:10-1 and 4:14-1); paragraph (a) amended July 21, 1980to 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 andcross-examination of deponents may proceed as permitted inthe trial of actions in open court, but the cross-examinationneed not be limited to the subject matter of the examinationin chief.
(b) Oath; Record. The officer before whom the deposition is to betaken shall put the witness on oath and shallpersonally, or by some one acting under the officer's directionand in the officer's presence, record the testimony of thewitness. The testimony shall be recorded and transcribed on atypewriter unless the parties agree otherwise.
(c) Objections. No objection shall be made during the taking of adeposition except those addressed to the form of aquestion or to assert a privilege, a right to confidentiality ora limitation pursuant to a previously entered court order.The right to object on other grounds is preserved and may beasserted at the time the deposition testimony is profferedat trial. An objection to the form of a question shall include astatement by the objector as to why the form isobjectionable so as to allow the interrogator to amend thequestion. No objection shall be expressed in language thatsuggests an answer to the deponent. Subject to R. 4:14-4, anattorney shall not instruct a witness not to answer aquestion unless the basis of the objection is privilege, a rightto confidentiality or a limitation pursuant to a previouslyentered court order. All objections made at the time of theexamination to the qualifications of the officer taking thedeposition or the person recording it, or to the manner of takingit, or to the evidence presented, or to the conduct ofany party, and any other objection to the proceedings, shall benoted by the officer upon the deposition. Evidentialobjections to a videotaped deposition of a treating physician orexpert witness which is taken for use in lieu of trialtestimony 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 andR. 4:23-1(a) all depositions shall be takencontinuously and without adjournment unless the court otherwiseorders or the parties and the deponent stipulateotherwise.
(e) Written Questions. In lieu of participating in an oralexamination, parties may serve written questions in a sealedenvelope on the party taking the deposition and that party shalltransmit them to the officer, who shall propound themto the witness and record the answers verbatim.
(f) Consultation With the Deponent. Once the deponent has beensworn, there shall be no communication between thedeponent and counsel during the course of the deposition whiletestimony is being taken except with regard to theassertion of a claim of privilege, a right toconfidentiality or alimitation pursuant to a previously entered court order.
Note: Source-R.R. 4:16-3, 4:20-3. Paragraphs (b), (d) and (e) amendedJuly 14, 1972 to be effective September 5, 1972(Paragraph (a) formerly R. 4:10-3); paragraph (c) amended July 21, 1980to 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 tobe effective September 1, 1996.
4:14-4. Motion or Application to Terminate or Limit Examination or forSanctions
At any time during the taking of the deposition, on formal motionor telephone application to the court of a party or ofthe deponent and upon a showing that the examination or any partthereof is being conducted or defended in bad faithor in such manner as unreasonably to annoy, embarrass or oppressthe deponent or party, or in violation of R.4:14-3(c) or (f), the court may order the person conducting theexamination to cease forthwith from taking thedeposition, or may limit the scope and manner of the taking ofthe deposition as provided in R. 4:10-3. If the ordermade terminates the examination, it shall be resumed thereafteronly upon further order of the court in which the actionis pending. Upon demand of the objecting party or deponent, thetaking of the deposition shall be suspended for thetime necessary to make a motion or telephone application for anorder. The provisions of R. 4:23-1(c) shall apply tothe award of expenses incurred in making or defending against themotion or telephone application.
Note: Source-R.R. 4:20-4. Amended July 14, 1972 to be effectiveSeptember 5, 1972; amended June 28, 1996 to be effectiveSeptember 1, 1996.
4:14-5. Submission to Witness; Changes; Signing
If the officer at the taking of the deposition is a certifiedshorthand reporter, the witness shall not sign the deposition. Ifthe officer is not a certified shorthand reporter, then unlessreading and signing of the deposition are waived bystipulation of the parties, the officer shall request thedeponent to appear at a stated time for the purpose of readingand signing it. At that time or at such later time as the officerand witness agree upon, the deposition shall be submittedto the witness for examination and shall be read to or by thewitness, and any changes in form or substance which thewitness desires to make shall be entered upon the deposition bythe officer with a statement of the reasons given by thewitness for making them. The deposition shall then be signed bythe witness. If the witness fails to appear at the timestated or if the deposition is not signed by the witness, theofficer shall sign it and state on the record the fact of thewitness' failure or refusal to sign, together with the reason, ifany, given therefor; and the deposition may then be usedas fully as though signed, unless on a motion to suppress underR. 4:16-4(d) the court holds that the reasons given forthe refusal to sign require rejection of the deposition in wholeor in part.
Note: Source-R.R. 4:20-5. Amended July 14, 1972 to be effectiveSeptember 5, 1972; amended July 13, 1994 to be effectiveSeptember 1, 1994.
4:14-6. Certification and Filing by Officer; Exhibits; Copies
(a) Certification and Filing. The officer shall certify on thedeposition that the witness was duly sworn and that thedeposition is a true record of the testimony. The officer shallthen promptly file with the deputy clerk of the SuperiorCourt in the county of venue a statement captioned in the causesetting forth the date on which the deposition wastaken, the name and address of the witness, and the name andaddress of the reporter from whom a transcript of thedeposition may be obtained by payment of the prescribed fee. Thereporter shall furnish the party taking thedeposition with the original and a copy thereof. Depositionsshall not be filed unless the court so orders on its or aparty's motion. The original deposition shall, however, be madeavailable to the judge to whom any proceeding in thematter has been assigned for disposition at the time of thehearing or as the judge may otherwise request. Fileddepositions shall be returned by the court to the party takingthe deposition after the termination of the action. Avideotaped deposition shall be sealed and filed in accordancewith R. 4:14-9(d).
(b) Documentary Evidence. Documentary evidence exhibited beforethe officer or exhibits proved or identified by thewitness, may be annexed to and returned with the deposition; orthe officer shall, if requested by the party producingthe documentary evidence or exhibit, mark it as an exhibit in theaction, and return it to the party offering the same, andthe same shall be received in evidence as if annexed to andreturned with the deposition.
(c) Copies. The party taking the deposition shall bear the costthereof and of promptly furnishing a copy of thetranscript to the witness deposed, if an adverse party, and ifnot, to any adverse party. The copy so furnished shall bemade available to all other parties for their inspection andcopying. Copies of videotaped depositions shall be made andfurnished in accordance with R. 4:14-9(d).
Note: Source-R.R. 4:20-6(a)(b)(c). Paragraph (c) amended July 14, 1972to 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 September13, 1982; paragraphs (a) and (c) amended July 13, 1994 to be effectiveSeptember 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 thetaking 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 andR. 4:10-3. The subpoena may command the person to whom it isdirected to produce designated books, papers,documents or other objects which constitute or contain evidencerelating to all matters within the scope of examinationpermitted 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 thetaking of a deposition may be required to attend anexamination only at a reasonably convenient time and only in thecounty of this State in which he or she resides, isemployed or transacts business in person, or at such otherconvenient place fixed by court order. A nonresident of thisState subpoenaed within this State may be required to attend onlyat a reasonably convenient time and only in thecounty in which he or she is served, at a place within this Statenot more than 40 miles from the place of service, or atsuch other convenient place fixed by court order. The partysubpoenaing a witness, other than one subject todeposition on notice, shall reimburse the witness for theout-of-pocket expenses and loss of pay, if any, incurred inattending at the taking of depositions.
(2) Expert Witnesses and Treating Physicians. If the expert ortreating physician resides or works in New Jersey, butthe deposition is taken at a place other than the witness'residence or place of business, the party taking the depositionshall pay for the witness' travel time and expenses, unlessotherwise ordered by the court. If the expert or treatingphysician does not reside or work in New Jersey, the proponent ofthe witness shall either (A) produce the witness, atthe proponent's expense, in the county in which the action ispending or at such other place in New Jersey upon whichall parties shall agree, or (B) pay all reasonable travel andlodging expenses incurred by all parties in attending thewitness' out-of-state deposition, unless otherwise ordered by thecourt.
(c) Notice; Limitations. A subpoena commanding a person toproduce evidence for discovery purposes may be issuedonly to a person whose attendance at a designated time and placefor the taking of a deposition is simultaneouslycompelled. The subpoena shall state that the subpoenaed evidenceshall not be produced or released until the datespecified for the taking of the deposition and that if thedeponent is notified that a motion to quash the subpoena hasbeen filed, the deponent shall not produce or release thesubpoenaed evidence until ordered to do so by the court or therelease is consented to by all parties to the action. Thesubpoena shall be simultaneously served no less than 10 daysprior to the date therein scheduled on the witness and on allparties, who shall have the right at the taking of thedeposition to inspect and copy the subpoenaed evidence produced.If evidence is produced by a subpoenaed witnesswho does not attend the taking of the deposition, the parties towhom the evidence is so furnished shall forthwithprovide notice to all other parties of the receipt thereof and ofits specific nature and contents, and shall make itavailable 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 September5, 1972; paragraph (c) adopted November 5, 1986 to be effective January1, 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 toattend and proceedtherewith and another party attends inperson or by attorney pursuant to the notice, or if the partygiving the notice fails to serve a subpoena upon a witnesswho because of such failure does not attend and another partyattends in person or by attorney because that partyexpects the deposition of that witness to be taken, the court mayorder the party giving the notice to pay to such otherparty the reasonable expenses incurred as a result of attendanceeither by the attending party or that party's attorney,including reasonable attorney's fees.
Note: Source-R.R. 4:20-7(a)(b). Amended July 14, 1972 to be effectiveSeptember 5, 1972; amended July 13, 1994 to beeffective September 1, 1994.
4:14-9. Videotaped Depositions
Videotaped depositions may be taken and used in accordance withthe applicable provisions of these discovery rulessubject 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 exceptthat such a deposition of a treating physician or expert witnesswhich is intended for use in lieu of trial testimony shallnot be noticed for taking until 30 days after a written report ofthat witness has been furnished to all parties. Any partydesiring to take a discovery deposition of that witness shall doso within such 30-day period.
(b) Notice. A party intending to videotape a deposition shallserve the notice required by R. 4:14-2(a) not less than 30days prior to the date therein fixed for the taking of thedeposition. The notice shall further state that the deposition isto be videotaped.
(c) Transcript. The videotaping of a deposition shall not bedeemed to except it from the general requirement ofstenographic recording and typewritten transcript. Prior to theswearing of the witness by the officer, the name, addressand firm of the videotape operator shall be stated on the record.
(d) Filing, Sealing, Copies. Immediately following the conclusionof the videotaped deposition, the videotape operatorshall deliver the tape to the officer who shall take physicalcustody thereof for the purpose of arranging for the makingof one copy thereof. Upon return to the officer of the originaland copy of the tape, the officer shall seal and file theoriginal with the deputy clerk of the Superior Court in thecounty in which the matter is pending and shall deliver thecopy to the party taking the deposition. That party shall thenfurnish a copy of the tape to an adverse party who shallmake it available for copying and inspection to all otherparties.
(e) Use. Videotaped depositions may be used at trial inaccordance with R. 4:16-1. In addition, a videotaped depositionof a treating physician or expert witness, which has been takenin accordance with these rules, may be used at trial inlieu of testimony whether or not such witness is available totestify and provided further that the party who has takenthe deposition has produced the witness for further videotapeddeposition necessitated by discovery completedfollowing the original videotaped deposition or for other goodcause. Disputes among partiesregarding the recall of atreating 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 orexpert witness shall not preclude the party taking thedeposition from producing the witness at trial.
(f) Objections. Where a videotaped deposition of a treatingphysician or expert witness is taken for use at trial in lieu oftestimony, all evidential objections shall, to the extentpracticable, be made during the course of the deposition. Eachparty making such objection shall, within 30 days following thecompletion of the deposition, file a motion for rulingsthereon and all such motions shall be consolidated for hearing. Acopy of the tape shall be edited in accordance withsaid rulings and the copy so edited shall be sealed and filedwith the clerk after all parties have had the opportunity toview and copy it.
(g) Cost of Videotaped Depositions. All out-of-pocket expensesincurred in connection with a videotaped deposition,including the making of copies herein required and the editing oftapes, shall be borne, in the first instance, by the partytaking the deposition. The cost of court presentation of thedeposition shall be borne, in the first instance, by the partyoffering the deposition.
(h) Record on Appeal. Where a videotaped deposition is used attrial, a typewritten transcript thereof shall be includedin the record on appeal. The videotape itself shall notconstitute part of the record on appeal except on motion for goodcause shown.
Note: Adopted July 21, 1980 to be effective September 8, 1980; paragraph(e) amended June 29, 1990 to be effectiveSeptember 4, 1990; paragraph (c) amended July 13, 1994 to be effectiveSeptember 1, 1994; paragraph (d) amended June 28,1996 to be effective September 1, 1996.
