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Physical and Mental Examinations Toolkit (NJ)
Practical Law Toolkit w-040-9328 (Approx. 5 pages)
Physical and Mental Examinations Toolkit (NJ)
by Practical Law Litigation
| Maintained • New Jersey |
Resources to assist counsel in an action where a party notices the physical or mental examination of another party under New Jersey Court Rule 4:19 (commonly called a defense medical examination (DME) or an independent medical examination (IME)). Specifically, this Toolkit includes links to resources about DME basics and logistics, including recording the DME or bringing a neutral third party to observe it. It also contains links to resources identifying party-specific considerations and addressing a party's failure to submit to a properly-noticed DME.
In New Jersey, when a party puts their physical or mental condition at issue in the lawsuit, another party may notice a medical examination of that party (N.J. R. 4:19). For example, defendants routinely notice the plaintiff's examination in personal injury actions, including medical malpractice and products liability actions. The New Jersey Supreme Court refers to a physical or mental examination under N.J. R. 4:19 as a defense medical examination (DME) (see generally, DiFiore v. Pezic, 254 N.J. 212 (2023)). Counsel sometimes call it an independent medical examination or IME.
This Toolkit includes resources addressing:
- DME basics and logistics.
- Recording the DME.
- A neutral third-party observer attending the DME.
- Party-specific considerations.
- The plaintiff's failure to submit to a properly-noticed DME, including:
- the defendant's attempts to meet and confer before filing a discovery motion; and
- the potential consequences of the plaintiff's failure to appear.
This Toolkit contains resources for actions pending in the New Jersey Superior Court, Law Division, Civil Part. For more on New Jersey courts, see Practice Note, State Court Structure (NJ).