Ken Vercammen's NJ Laws email newsletter March 31, 2003 #121 We thank our servicemen and women of the Armed Forces as they service to protect our country. We pray for a quick and successful resolution of the conflict, and the safe return of each and every American In this issue: 1. Interrogatory Questions which an Injured Person must Answer in a personal injury case 2. Recent criminal cases _______________________________ 1. Interrogatory Questions which an Injured Person must Answer in a personal injury case After a Complaint is filed, the defendant and its insurance company file an "Answer" to the Complaint. The Answer is followed by a request for written interrogatories to each party. 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. In Kenneth Vercammen's law office we will have already served a demand upon the defendant's attorney with interrogatory questions for the defendant to answer. The following are some of the 2003 Questions: 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). 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 expert¹s 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 ³yes², 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. ____________________________ 2. Hand-Written Statement by Victim Not Excited Utterance. State v. Conigliaro ___ NJ Super. ___ A-6412-00T5 (App. Div. December 17, 2002) We held that a hand-written statement provided by a victim to the police at their request at the police station several hours after the criminal event does not qualify as an excited utterance under N.J.R.E. 803 (c) (2). 3 PTI Officials Can Review Prior Juvenile Arrests In Rejecting PTI. State v. Brooks ___ NJ ___ A-69-2001 (November 25, 2002). Officials who implement the pretrial intervention process may draw limited inferences from an applicant's criminal history that contains dismissed offenses. The prosecutor's rejection of this PTI application based on Brooks' juvenile and adult history, the facts surrounding the present offenses and other permissible factors was not a patent and gross abuse of discretion. 4. Municipal Judge Should Record TRO, But Failure Does Not Void TRO. State v. Masculin ___ NJ Super. ___ Monmouth County, Docket No. F0-13-176-02B (Law Div. July 1, 2002). In a case of first impression, court held that a municipal court judge's failure to properly record a telephonic application for domestic violence temporary restraining order (TRO), as required by R. 5:7A (b), is a matter of form over substance and therefore the TRO is not void ab initio. Therefore, although defendant's motion to dismiss the charge of contempt, contrary to N.J.S.A. 2C:29-9(b), for violation of the TRO, is denied, the court recommends that all municipal courts in the future be aware of and comply with such recording requirements. ______________________________________ Thank you for reading our newsletter! God Bless America USA #1 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. The Rules of Court limit our ability to discuss matters over the phone. If you have legal questions, you should schedule an in- office consultation. REMOVALS TO BE DONE BY WEBMASTER LONEKEEP.COM To remove, just email back & type in subject or body remove. 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