What is pre suit discovery?

This means you could elicit sworn testimony or have an expert conduct a critical examination before a suit is filed. The discovery obtained can be used in any subsequent action involving the same subject matter that is brought in a California court against any party, or expected adverse party, named in the petition.

When can you serve discovery in NJ?

When any document or paper is referred to in a pleading but is neither annexed thereto nor recited verbatim therein, a copy thereof shall be served on the adverse party within 5 days after service of his written demand therefor.

Are draft expert reports discoverable in NJ?

Experts’ draft reports, however, are produced in preparation for trial and are not necessarily for use in trial. They may only be discovered upon a showing that the party seeking discovery has substantial need of the materials available to the expert and is unable, without undue hardship, to obtain them by other means.

What is a discovery end date?

For discovery motions, the discovery cutoff date is the operative deadline – not the deadline for filing pretrial motions. Many attorneys think that discovery motions qualify as pretrial motions and thus the pretrial motions deadline is the operative deadline; they don’t and it isn’t.

What’s the rule for pre complaint discovery in NJ?

Pre-Complaint Discovery: An Underutilized, Underrated and Unknown Tool. Under New Jersey Rule 4:11-1, a hearing date on the verified petition and order to show cause may be scheduled any time after 20 days from service of the verified petition on any expected adverse parties, or parties from whom a litigant seeks pre-complaint discovery.

Can a California entity seek pre-suit discovery in New Jersey?

If a California entity committed a tort in New Jersey, for example, the potential plaintiff would not be able to seek pre-suit discovery under Rule 27 in the District of New Jersey unless another expected adverse party resided in New Jersey. Rather, it would have to file its petition in California.

How to file a John Doe complaint in NJ?

At this point, you could file a “John Doe” complaint and then serve a subpoena on the gas station. But the fastest and cheapest way to obtain the video is by filing a petition for pre-suit discovery under New Jersey Rule 4:11-1.

What is the case law for pre suit discovery?

Feifer, 186 N.J. Super. 329, 333 (App. Div. 1982). In reliance on the sparse case law available on pre-suit discovery, the comments to R. 4:11-1 state that the rule is not meant to authorize pre-suit discovery solely “to ascertain potentially liable defendants.”