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Friday, February 8, 2008

Request for Production of Documents in Personal Injury cases against defendants

By Kenneth Vercammen, Esq.
In Personal Injury cases the plaintiff's attorney will demand the Defendant provide Certified Answers to Uniform Interrogatories Form C, plus C(1) Interrogatories in Auto cases ( or C (2) if this is a non- Auto case), to be answered within 60 days pursuant to Rule 4:17-1 et seq. Kenneth Vercammen's office will also demand a Request for Production of Documents pursuant R. 4:18-1, which includes a Demand for Discovery of Insurance. The following are some of the documents we serve on the defendant when we are representing an injured plaintiff:

PLEASE TAKE NOTICE that the Plaintiff demands that the Defendant produce for inspection and copying pursuant to Rule 4: 18-1, the following documents at the offices of Kenneth A. Vercammen, Esq., 407 Main Street, Metuchen, New Jersey 08840, on _______ [insert 30 days from date of preparation of req docs] at 10:00 a.m.:

1. Declaration Sheet for the insurance policy of the defendant.

2. Copies of all medical reports and records in your possession relating to the injuries sustained by the plaintiff as a result of this accident.

3. Copies of all medical reports and records in your possession relating to any prior or subsequent injuries sustained by the plaintiff.

4. Copies of all photographs in your possession which depict either damage to the vehicle sustained in the accident, injuries sustained by the plaintiff, the accident scene and/or any other photographs which relate to this case.

5. Copies of repair estimates for defendant's car and any other car or object damaged as a result of the accident.

6. Copies of repair bills for defendant's car and any objects damaged in the accident.

7. Any and all expert reports whether or not intended for use at time of trial.

8. Copies of any income tax returns or documents which refer to plaintiff's employment within your possession.

9. All documents not otherwise produced which relate or refer to the matters in issue.

10. Any and all documents which you have received in connection with this matter which mention plaintiff's name and were not received by you from plaintiff's attorney.

11. Any and all documents or correspondence submitted to or received from anyone concerning the subject matter of this litigation.

12. Any and all documents which you intend to rely on at trial.

13. Copies of any pleadings filed by any party in this matter.

14. All other parties answers to interrogatories.

15. Copies of all Requests for Admissions and responses exchanged to date.

16. A complete copy of all records or documents obtained by subpoena.

17. All transcripts of depositions pertaining to this matter.

18. Any and all statements made by any party to this litigation, their agents, representatives or employees, whether written or oral.

19. 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, 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.

20 Attach hereto a copy of your itemized car phone bill for the date of the accident.


Pursuant to R. 4:10-2(b) demand is hereby made that you disclose to the undersigned whether there are any agreements or policies under which any person or firm carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in this action or to indemnify or reimburse for payments made to satisfy the judgment. YES ( ) NO ( )

If the answer is "yes" attach a copy of each or in the alternative state, under oath or certification (a) number (b) name and address of insurer or issuer (c) inception and expiration dates (d) names and addresses of all persons insured thereunder (e) personal injury limits (f) property damage limits (g) medical payment limits (h) name and address of person who has custody and possession thereof (i) where and when each policy or agreement can be inspected and copied.


NOTE: This Demand pertains to all policies insuring the defendant(s) in connection with the subject claim, regardless of whether the coverage is primary or excess. This demand pertains to policies owned by the defendant(s) and to policies insuring the defendant(s) and owned by others.

I certify this information to be true.



1. All documents relating to the statements of witnesses to the occurrence alleged in the complaint including witnesses who were within sight or hearing of the occurrence or have knowledge from any source as to how it is thought to have occurred. 2. All documents relating to statements of any of the individual parties herein or officers or managing agents of any corporate parties herein. 3. All documents relating to the manner of the occurrence, the events giving rise or leading up to it and the cause thereof, other than any statements of witnesses or parties produced in response to any of the preceding requests. 4. All photographs of the scene of the occurrence. 5. All documents relating to the conditions at the scene of the occurrence (e.g., where appropriate, roadway, surface, weather, construction, traffic signals or signs) at the time of plaintiff's fall.

6. All documents relating to the investigation of the occurrence by or on behalf of any party herein other than those produced in response to any of the preceding requests. 7. All documents relating to the inspection or supervision of activities, if any, at the scene of the occurrence and at the time thereto. 8. All documents relating to complaints to defendant about the premises. 9. All documents in the nature of any expert reports concerning the explanation for or cause of the occurrence. 10. All documents relating to the identity of any statute, ordinance or governmental code which it is alleged defendant complied with on the date of the accident. 11. Copies of any sketches, diagrams or architects drawings of the subject premises described in the Complaint. (hereinafter "the premises"). 12. All accident, incident or investigation reports prepared regarding the matter described in the Complaint. 13. All accident, incident or investigation reports for any incidents for the period of 30 days after plaintiff's accident in which any individual, not limited to customers, employees, and contractors, either fell or indicated he or she suffered an injury on any location owned, operated, rented o controlled by the defendant which is located in the municipality where plaintiff's accident took place. 14. All documents referring to individuals injured on the subject premises during the two year period prior to plaintiff's accident and the two year period after plaintiff's accident, including but not limited to, Superior Court Civil Action Complaints. 15. Copies of all maintenance records, cleaning records and repair records regarding the area within 50 feet of plaintiff's accident for a period of 30 days prior to plaintiff's accident and 30 days after plaintiff's accident. 16. Any and all documents which defendant has received from plaintiff in connection with this matter. 17. All expert reports prepared by any individual in connection with the subject matter of this litigation. 18. Copies of any warning signs in the vicinity of plaintiff's accident which existed on the date of the accident or 90 days prior to or after plaintiff's accident. 19. All statements of defendant regarding this matter. 20. All statements by potential witness in this matter. 21. Any documents which defendant intends on relying at trial. 22. All documents not otherwise produced which relate to or refer to the premises.


4:18-1. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes; Pre-Litigation Discovery

(a) Scope. Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on behalf of that party, to inspect and copy any designated documents (including writings, drawings, graphs, charts, photographs, phono-records, and other data compilations from which information can be obtained and translated, if necessary, by the respondent through electronic devices into reasonably usable form), or to inspect and copy, test, or sample any tangible things which constitute or contain matters within the scope of R. 4:10-2 and which are in the possession, custody or control of the party upon whom the request is served; or (2) to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of R. 4:10-2.

(b) Procedure. The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party. A copy of the request shall also be simultaneously served on all other parties to the action. The request shall set forth the items to be inspected either by individual item or by category, and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place, and manner of making the inspection and performing the related acts. The party upon whom the request is served shall serve a written response within 35 days after the service of the request, except that a defendant may serve a response within 35 days after service of the summons and complaint upon that defendant. On motion, the court may allow a shorter or longer time. The written response, without documentation annexed but which shall be made available to all parties on request, shall be served by the party to whom the request was made upon all other parties to the action. The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to, in which event the reasons for objection shall be stated. If objection is made to part of an item or category, the part shall be specified. A party who produces documents for inspection shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request. The party submitting the request may move for an order of dismissal or suppression pursuant to R. 4:23-5 with respect to any objection to or other failure to respond to the request or any part thereof or any failure to permit inspection as requested.

(c) Persons not Parties. This rule does not preclude an independent action against a person not a party for production of documents and things and permission to enter upon land. Pre-litigation discovery within the scope of this rule may also be sought by petition pursuant to R. 4:11-1.