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Kenneth Vercammen 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 injured person is
also required to provide photocopies of documents
The Court Rules require plaintiffs provide answers. If answers
are not provided your case will be dismissed. Kenneth Vercammen's
Law Office is sometimes hired by insurance companies to defend personal
injury complaints. The following are some of the Request for documents
we request from the plaintiff in a personal injury case.
REQUEST FOR PRODUCTION OF DOCUMENTS - CAR ACCIDENT TO 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 ______[30 days from
mailing date] at 9:05 a.m.:
RECORDS TO BE PRODUCED
1. All documents relating to the statements of witnesses to the
occurrence alleged in your 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
accident. 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 any claims
that the Plaintiff sustained financial loss as a result of the occurrence
in question, included, but not limited to, W-2 forms and tax returns.
11. All documents relating to the identity of any statute, ordinance
or governmental code which it is alleged was violated by any party
herein except as already produced in response to any preceding request.
12. Copies of any and all medical reports, bills, summaries, invoices,
hospital discharge summaries and any other documents authored by
any medical personnel relating to the treatment of the Plaintiff,
diagnosis of any injuries and the prognoses of any recovery as a
result of this incident. 13. Executed IRS Authorization in the form
required by the Federal Government for the five years prior to the
date of the incident or certified copies of all IRS tax returns
for this period of time. 14. Plaintiff's W-2 forms for the five
years prior to the date of the incident. 15. Executed Authorization
to obtain personnel records from plaintiff's employer on the date
of plaintiff's accident or copies of such personnel records. 16.
Executed Authorization to obtain disability records or copies of
disability records. 17. Executed Authorization to obtain worker's
compensation records or copies of such records. 18. Copies of reports
of any and all laboratory tests, CT scans, EEGs, EKGs, X-rays and
any other tests taken as a result of the injuries allegedly sustained
in this accident. 19. All documents relating or referring to prior
litigation plaintiff was involved in prior to or after plaintiff's
present litigation, including, but not limited to, pleadings, deposition
transcripts, interrogatory answers and expert witness reports.
____________________________________
REQUEST FOR PRODUCTION OF DOCUMENTS - FALL DOWN TO PLAINTIFF- RECORDS
TO BE PRODUCED
1. All documents relating to the statements of witnesses to the
occurrence alleged in your 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 any claims
that the Plaintiff sustained financial loss as a result of the occurrence
in question, included, but not limited to, W-2 forms and tax returns.
11. All documents relating to the identity of any statute, ordinance
or governmental code which it is alleged was violated by any party
herein except as already produced in response to any preceding request.
12. Copies of any and all medical reports, bills, summaries, invoices,
hospital discharge summaries and any other documents authored by
any medical personnel relating to the treatment of the Plaintiff,
diagnosis of any injuries and the prognoses of any recovery as a
result of this incident. 13. Executed IRS Authorization in the form
required by the Federal Government for the five years prior to the
date of the incident or certified copies of all IRS tax returns
for this period of time. 14. Plaintiff's W-2 forms for the five
years prior to the date of the incident. 15. Executed Authorization
to obtain personnel records from plaintiff's employer on the date
of plaintiff's fall or copies of such personnel records. 16. Executed
Authorization to obtain disability records or copies of disability
records. 17. Executed Authorization to obtain worker's compensation
records or copies of such records. 18. Copies of reports of any
and all laboratory tests, CT scans, EEGs, EKGs, X-rays and any other
tests taken as a result of the injuries allegedly sustained in this
accident. 19. All documents relating or referring to prior litigation
plaintiff was involved in prior to or after plaintiff's present
litigation, including, but not limited to, pleadings, deposition
transcripts, interrogatory answers and expert witness reports. _____________________
COURT RULE 4:18. DISCOVERY AND INSPECTION OF DOCUMENTS AND PROPERTY,
COPIES OF DOCUMENTS
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.
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