Discovery Deficiency Letter: Physical or Mental Examination (NJ) | Practical Law
A sample discovery deficiency letter addressing a properly noticed physical or mental examination (also called a defense medical examination (DME) or independent medical examination (IME)) under N.J. R. 4:19 in a case pending in the New Jersey Superior Court, Law Division, Civil Part. Specifically, this Standard Document addresses a party's failure to attend the DME, including repeatedly canceling it, or the noticing party's objection to the submitting party recording the DME or bringing a third party to observe. This Standard Document has integrated drafting notes with important explanations and tips, including for setting a response deadline and satisfying the requirement to meet and confer with opposing counsel before filing a motion to dismiss or suppress the pleading without prejudice under N.J. R. 4:23-5(a)(1).