NJ Supreme Court Affirms Appellate Court that Conditions Placed on Defense Medical Examination Are Determined on Cast-by-Case Basis by Trial Court.

In this New Jersey Supreme Court case, the court affirms the Appellate Division’s holding that the conditions to place, if any, on a defense medical examination are to be determined on a case-by-case basis by the trial courts. These conditions include who may attend the examination and whether it can be recorded. 

With regard to both video and audio recordings, the court affirmed the Appellate Division that both are options during a defense medical examination. Further, the court held that the parties should enter into a protective order when the defense expert is concerned about disclosure of proprietary information. When third-party observation is permitted during a defense medical examination, the trial court can impose reasonable conditions to prevent any disruption or interference with the exam. If an interpreter’s presence is necessary, the parties are to select a neutral interpreter, or one can be selected by the court should the parties fail to agree. 

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