Ken Vercammen's NJ Laws email newsletter February 23, 2003 #117 In this issue: 1. CALENDAR OF FUN COMMUNITY EVENTS, SEMINARS Spring- Summer Feb. 27 - South Brunswick Seniors Will Seminar- free March 8, 2003- Edison Elks 30th Anniversary Party and salute to past Exalted Rule Henry Cackowski Tickets $25 includes 3 hour open bar and buffet. Tickets on sale at the lodge. 732-985-2487 March 9 - St Patrick Parade- Woodbridge free March 10 - Metuchen AARP Will Seminar- free March 14 - Friendly Sons $90 March 24 - Edison Wills 7pm $ March 17 St. Patrick's Day March 19 Mid Bar Dinner Judge Figarotta Retirement Pines $ March 24- NJ State Bar Association Municipal Court Section meeting March 28- OLP Our Lady of Peace North Brunswick Lent Fish Dinner $ March 31 Taste of Middlesex Akbar -$ April 4 -East Brunswick Seniors -12 Noon Will Seminar- free April 5 Edison Elks Installation- $ April 7 - Carteret Seniors Will Seminar- free April 9 - Nuts and Bolts of Elder Law - ICLE $ April 24 Mid Bar Beefsteak- Attorneys $ April 28 Bizmania $ May 16 NJSBA Convention- DWI Seminar $ May 21 Middlesex Bar- Cornucopia Princess- $ June 7 Elks Convention- Wildwood June __ Elks Picnic June __ Hashathon Trial Run in Edison at NJ Personal Injury law Center July 19 Elks Beef and Brew also St. Thomas Aquinas High School/ Bishop Ahr reunion for Class of 1977, 1978, 1979, 1976, 1980, 1975, 1974, 1973 ________________________ 2- Recent Criminal and drug cases Lab Tech. Must Testify in Drug Case. State v. Simbara ___ NJ ___ A-110- 01 (December 16, 2002). The state must produce for cross-examination the laboratory employee or analyst who prepared the certificate proffered by the state pursuant to N.J.S.A. 2C:35-19 to establish the nature and quantity of an alleged controlled dangerous substance whenever a defendant timely invokes the right to confront that witness in a challenge to the certificate. Even If Late Objection to Lab Cert. Is Late, Judge Must Hold Evidence Hearing. State of New Jersey in the Interest of C.D. ___ NJ Super. ___ A-4571-01T1 (App. Div. October 21, 2002). In the case of two juveniles arrested and charged with drug offenses, where the state, pursuant to N.J.S.A. 2C:35-19(c), formally noticed defense counsel of its intent to proffer in evidence lab certificates attesting to the nature and quantity of drugs found, and counsel within ten days verbally noticed the state of its objection and then served a written notice thereof within twelve days; and, where, upon the hearing required by the statute, the judge denied admissibility of the certificates without the testimony of the lab technician who performed the tests, held that (1) the defense's late written notice did not prejudice the state and properly put the state on notice of its objection; (2) N.J.S.A. 2C:35-19 does not itself establish a standard of admissibility of lab certificates; (3) the judge's ruling based upon the fill-in-the-blank form of the certificates was in error; and, (4) the matter would be remanded for a new evidential hearing on the methods, practices and procedures of the lab sufficient under N.J.R.E. 803 (c) (6) or 803 (c) (8) to establish the general reliability and trustworthiness of the tests performed in that lab justifying the admissibility of the certificates. __________________ 3. Defense Physical Examination in a Personal Injury case Under Court Rules, the defendant's insurance company can require an injured person to undergo a defense examination. Therefore, you must appear to be examined by the defendant's insurance company's doctor. Under Court Rules, if you fail to appear for the exam or fail to cancel and reschedule prior to the exam date, you personally can be held responsible for a missed appearance fee of up to $125.00. This is your only notice of the exam. After making the appointment and before going to see the doctor, we suggest that you come into your attorney's office to watch a video tape prior to the examination. An appointment is necessary. RULE 4:19. PHYSICAL AND MENTAL EXAMINATION OF PERSONS In an action in which a claim is asserted by a party for personal injuries or in which the mental or physical condition of a party is in controversy, the adverse party may require the party whose physical or mental condition is in controversy to submit to a physical or mental examination by a medical or other expert by serving upon that party a notice stating with specificity when, where, and by whom the examination will be conducted and advising, to the extent practicable, as to the nature of the examination and any proposed tests. The time for the examination stated in the notice shall not be scheduled to take place prior to 45 days following the service of the notice, and a party who receives such notice and who seeks a protective order shall file a motion therefor, returnable within said 45-day period. The court may, on motion pursuant to R. 4:23-5, dismiss the pleading of a party who fails to submit to the examination, to timely move for a protective order, or to reschedule the date of and submit to the examination within a reasonable time following the originally scheduled date. A court order shall, however, be required for a reexamination by the adverse party's expert if the examined party does not consent thereto. This rule shall be applicable to all actions, whenever commenced, in which a physical or mental examination has not yet been conducted. _______ Thank you for reading our newsletter! God Bless America Kenneth Vercammen (Phone) 732-906-2180 (Fax) 732-906-2155 website: www.njlaws.com Editor's Note and Disclaimer: All materials Copyright 2002. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included. Always schedule an office appointment with an experienced attorney when you have a legal matter. 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