PERSONAL INJURY AND MOTOR VEHICLE
NOTES:
1) These are Superior Court standard questions allowed in NJ but generally accepted by the courts in most other jurisdictions.
2) Other questions -- as supplemental interrogatories -- may be allowed up to a reasonable number etc.
3) All such interrogatories in actual legal papers are to be started with the usual case caption as required.
4) An attorney licensed for the specific jurisdiction should ALWAYS be consulted before filing or serving any papers.
5) If in a jurisdiction, other than NJ, check the R cite (rule numbers and correct accordingly -- see court rule book for your court.
6) If your case involves some other subject you should consult with your court's librarian as almost all court libraries have books with approved discovery questions for various subjects etc. Additionally you can make up some additional special questions unique to, but relevant to your case which a judge may uphold and order your adversary to answer.
7) One should leave adequate space between questions so that the answering party could reasonably write in the answer in the space provided -- but in practice most attorneys type their clients answers on a separate set of papers with matching question numbers.
8) In NJ the rule is that one should provide (R. 4:17-3) an original and two copies when serving interrogatories. We strongly suggest a short certified, return receipt mail, cover letter as illustrated later in this section listing what was sent with the date - in case proof is needed later of timely service and receipt. (Unfortunately a certain percentage of attorneys will play cute at a motion to dismiss or otherwise and claim something was never mailed to them -- and this writer has never seen a judge that believed a Pro Se over an attorney -- don't forget to provide in your motion or answer to a motion papers an affidavit as to when sent and a photocopy of the signed US Post Office Return Receipt card.)
9) For a variety of reasons the APSA can not be responsible for the accuracy or appropriateness of any information provided herein and one should ALWAYS check with an attorney and have a local attorney review all papers. The primary value of this information is to allow you to better understand the legal process, work better with your attorney - attorney advisor and/or to better organize your case and minimize costly billable hours by saving your attorney time and therefore greatly reducing your total legal costs.
Return to Table of Contents
Form A:
Uniform Interrogatories: Personal Injury: Superior Court
[Form A is for Defendant(s) to serve upon Plaintiff(s) for Plaintiff(s) to answer]
1. Full name, present address and date of birth.
2. Describe in detail your version of the accident or occurrence setting forth the date, location, time and weather.
3. Detailed description of nature, extent and duration of any and all injuries.
4. Detailed description of injury or condition claimed to be permanent together with all present complaints.
5. If confined to a hospital, state its name and address, and dates of admission and discharge.
6. If any diagnostic tests were performed, state the type of test performed, name and address of place where performed, date each test was performed and what each test disclosed. Attach a copy of the test results.
7. If treated by any health care provider, state the name and present address of each health care provider, the dates and places where treatments were received and the date of last treatment. Attach true copies of all written reports provided to you by any such health care provider whom you propose to have testify in your behalf.
8. If still being treated, the name and address of each doctor or health care provider rendering treatment, where and how often treatment is received and the nature of the treatment.
9. If a previous injury, disease, illness or condition is claimed to have been aggravated, accelerated or exacerbated, specify in detail the nature of each and the name and present address of each health care provider, if any, who ever provided treatment for the condition.
10. If employed at the time of the accident, state: (a) name and address of employer; (b) position held and nature of work performed; (c) average weekly wages for past year; (d) period of time lost from employment, giving dates; and (e) amount of wages lost, if any.
11. If there has been a return to employment or occupation, state: (a) name and address of present employer; (b) position held and nature of work performed; and (c) present weekly wages, earning, income or profit.
12. If other loss of income, profit or earnings is claimed: (a) state total amount of the loss; (b) give a complete detailed computation of the loss; and (c) state the nature and source of the loss of income, profit and earnings, and the dates of the deprivation.
13. Itemize in complete detail any and all moneys expended or expenses incurred for hospitals, doctors, nurses, diagnostic tests or health care providers, x-rays, medicines, care and appliances and state the name and address of each payee and the amount paid and owed each payee.
14. Itemize any and all other losses or expenses incurred not otherwise set forth.
15. State the names and addresses of all persons who have knowledge of any facts relating to the case.
16. If you claim that the defendant made any admissions as to the subject matter of this lawsuit, state: (a) the date made; (b) the name of the person by whom made; (c) the name and address of the person to whom made; (d) where made; (e) the name and address of each person present at the time the admission was made; (f) the contents of the admission; and (g) if in writing, attach a copy.
17. If you or your representative and the defendant have had any oral communication concerning the subject matter of this lawsuit, state: (a) the date of the communication; (b) the name and address of each participant; (c) the name and address of each person present at the time of such communication; (d) where such communication took place; and (e) a summary of what was said by each party participating in the communication.
18. If you have obtained a statement from any person not a party to this action,
state: (a) the name and present address of the person who gave the statement; (b) whether the statement was oral or in writing and if in writing, attach a copy; (c) the date the statement was obtained; (d) if such statement was oral, whether a recording was made, and if so, the nature of the recording and the name and present address of the person who has custody of it; (e) if the statement was written, whether it was signed by the person making it; (f) the name and address of the person who obtained the statement; and (g) if the statement was oral, a detailed summary of its contents.
19. If you claim that the violation of any statute, rule, regulation or ordinance is a factor in this litigation, state the exact title and section.
20. State the names and addresses of any and all proposed expert witnesses and attach true copies of all written reports provided to you by any such proposed expert witnesses.
a) With respect to all expert witnesses, including treating physicians, who are
expected to testify at trial and with respect to any person who has conducted an examination pursuant to Rule 4:19, who may testify, state each such witness's name, address and area of expertise and attach a true copy of all written reports provided to you. If a report is not written, supply a summary of any oral report provided to you.
State the subject matter on which your experts are expected to testify.
State the substance of the facts and opinions to which your experts are expected to testify and a summary of the grounds for each opinion.
TO BE ANSWERED ONLY IN AUTOMOBILE ACCIDENT CASES
21. Do you have insurance coverage and/or PIP benefits under an applicable policy or policies of automobile insurance? As to each such policy provide the name and address of the insurance carrier, policy number, the named insured and attach a copy of the declaration sheet.
If you are making a claim for property damage to a motor vehicle, provide
answers to the uniform interrogatories contained in Form B, questions 1 through 18.
NOTES: Amended July 17, 1975 to be effective September 8, 1975; entire text deleted and new text added July 13, 1994 to be effective September 1, 1994.
CERTIFICATION
I hereby certify that the copies of the reports annexed hereto provided by either treating physicians or proposed expert witnesses are exact copies of the entire' report or reports provided by them; that the existence of other reports of said doctors or experts, either written or oral, are unknown to me, and if such become later known or available, I shall serve them promptly on the propounding party.
Date: ___________ Signed: _______________________
[by answering party]
Beginning of Document.
Go to beginning of Form A : Personal Injury (For Defendant to Serve on Plaintiff)
Go to beginning of Form B : Property Damage to Motor Vechicle (To be served by Defendant upon Plaintiff for Plaintiff to answer)
Go to beginning of Form C : UNIFORM INTERROGATORIES TO BE ANSWERED BY DEFENDANT IN PERSONAL INJURY CASE - SUPERIOR COURT.
Go to beginning of Form D : UNIFORM INTERROGATORIES BY DEFENDANT IN MOTOR VEHICLE COLLISION CASE INVOLVING PROPERY DAMAGE (To be served on Plaintiff by Defendant for Plaintiff to answer.)
Go to beginning of Form E : UNIFORM INTERROGATORIES BY PLAINTIFF IN MOTOR VEHICLE COLLISION CASES: COUNTY DISTRICT COURT (To be served upon Plaintiff by Defendant for the Plaintiff to answer.)
FORM: REQUEST FOR INSURANCE INFORMATION
Go to form for discovery demand cover letter.
Go to form by an attorney where he represents his client.
Go to the Table of Contents
Form B :
Uniform Interrogatories: Property Damage to Motor Vehicle: Superior Court
[To be served by Defendant(s) upon Plaintiff(s) for Plaintiff(s) to Answer]
1. Was the claimant the sole owner of the motor vehicle involved in the alleged accident?
2. State the name and address of the person, firm or corporation, from whom the claimant purchased the motor vehicle and the date of purchase.
3. Was the motor vehicle new or used at the time of purchase?
4. State make, model and year of motor vehicle.
5. State amount paid by claimant for the said motor vehicle.
6. State whether the motor vehicle has been repaired since the accident.
7. If so, give name and address of person, firm, or corporation making the repairs.
8. If so, state specifically the part or parts of the motor vehicle alleged to have been damaged in the accident and furnish a copy of the repair bill.
9. State date upon which claimant authorized the repair of the motor vehicle.
10. State date on which repairs were completed.
11. State the market value of this motor vehicle immediately before the accident.
12. State the market value of the motor vehicle in its damaged condition immediately after the accident.
13. State the market value of motor vehicle in its repaired condition.
14. Was the motor vehicle used in connection with claimant's business and, if
so, state whether claimant was obliged to hire another motor vehicle for use in connection with that business, giving the name and address of person, firm or corporation from whom claimant hired the motor vehicle, the dates during which it was hired and the amount paid for its hiring. 15. If no repairs have been made, but an estimate of repairs has been obtained, attach a copy of the estimate to the answers to these Interrogatories, stating further the name and address of the person, firm or corporation who made the estimate.
16. Has the claimant sold or otherwise disposed of the motor vehicle?
17. If so, give the name and address of the person, firm or corporation to whom
the motor vehicle was transferred, the date of the transfer, and the amount of consideration paid to the claimant therefor.
18. If it is alleged that the claimant incurred any other expenses or losses as a result of the alleged damage to the motor vehicle, set forth these additional alleged losses in detail, giving an itemized statement.
19. State the names and addresses of all persons who have knowledge of any relevant facts relating to the case.
20. State the names and addresses of any and all proposed expert witnesses and annex true copies of all written reports provided to you by any such proposed expert witnesses.
CERTIFICATION
I hereby certify that the copies of the reports annexed hereto provided by proposed expert witnesses are exact copies of the entire report or reports provided by them; that the existence of other reports of said experts, either written or oral, are unknown to me, and if such become later known or available, I shall serve them promptly on the propounding party.
Date _____________ By _________________________
(answered) (answering party)
NOTES: 1) If Form A is not used, questions 1, 2 and 3 of Form A should be added to Form B.
2) Amended July 7, 1971 to be effective September 13, 1971; amended July 13, 1994 to be effective September 1, 1994.
Return to beginning of interrogatories.
Go to beginning of Form A: Personal Injury (For Defendant to Serve on Plaintiff)
Go to beginning of Form B: Property Damage to Motor Vechicle (To be served by Defendant upon Plaintiff for Plaintiff to answer)
Go to beginning of Form C: UNIFORM INTERROGATORIES TO BE ANSWERED BY DEFENDANT IN PERSONAL INJURY CASE - SUPERIOR COURT.
Go to beginning of Form D: UNIFORM INTERROGATORIES BY DEFENDANT IN MOTOR VEHICLE COLLISION CASE INVOLVING PROPERY DAMAGE (To be served on Plaintiff by Defendant for Plaintiff to answer.)
Go to beginning of Form E: UNIFORM INTERROGATORIES BY PLAINTIFF IN MOTOR VEHICLE COLLISION CASES: COUNTY DISTRICT COURT (To be served upon Plaintiff by Defendant for the Plaintiff to answer.)
FORM: REQUEST FOR INSURANCE INFORMATION
Go to form for discovery demand cover letter.
Go to form by an attorney where he represents his client.
Go to the Table of Contents
Form C:
UNIFORM INTERROGATORIES TO BE ANSWERED BY DEFENDANT: PERSONAL INJURY: SUPERIOR COURT,
[To be served by Defendant(s) upon Plaintiff(s) for Plaintiff(s) to answer]
1. State: (a) the full name and residence address of each defendant; (b) if a corporation, the exact corporate name; and (c) if a partnership, the exact partnership name and the full name and residence of each partner.
2. Describe in detail your version of the accident or occurrence setting forth the date, location, time and weather.
3. If the accident or occurrence took place on or about any particular premises, area or location, or involved the use or presence of any object, thing, vehicle, equipment or property, state the name and address of the owner thereof.
4. If anyone other than the owner had any interest, custody or possession or was in charge of such premises, area, location, object, thing, vehicle equipment or property, state: (a) the name and address of such person, firm or corporation; and (b) the nature and extent of such interest, custody, possession or charge.
5. If defendant was not present at the time of the accident or occurrence, state:
(a) whether defendant had notice or knowledge thereof; and (b) when, where, in what manner and from whom such notice or knowledge was received or acquired.
6. If prior to the accident or occurrence, defendant had actual notice or knowledge of the conditions, artificial or natural, alleged by the plaintiff to have caused or resulted in the accident or occurrence, state: (a) on what date defendant had such actual notice or first acquired such knowledge; and (b) the manner in which such notice or knowledge was received or acquired.
7. If the complaint or any answers to interrogatories by plaintiff allege that artificial conditions caused or resulted in the accident or occurrence or was causally related thereto, state when and by whom such artificial conditions were created.
8. If such defendant had notice of or was in any manner made aware of any such artificial conditions, state when and what steps defendant took to eliminate them or make them safe or give any notice of their existence.
9. If you intend to set up or plead or have set up or pleaded negligence or any other separate defense as to the plaintiff or if you have or intend to set up a counterclaim or third-party action, state the facts upon which you intend to predicate such defenses, counterclaim or third-party action.
10. State in detail: (a) what proofs will be offered by defendant at the trial of this action, to support any defense, counterclaim, third-party action or any other allegations set forth in these answers; and (b) attach thereto a copy of every writing, record or paper forming a part of such proof.
11. If any photographs, sketches, reproductions, charts or maps were made with respect to anything that is relevant to the subject matter of the complaint, describe: (a) what each shows; (b) the date taken or made; (c) the names and addresses of the persons who made them; and (d) in whose possession they are at present.
12. If you received any written communication pertaining to this action from plaintiff or anyone acting on behalf of plaintiff, attach a true copy of the communication. If the original or a copy is no longer in existence, set forth the date and substance of each such communication and from whom received.
13. If you or any patties to this action or any witnesses made any statements or admissions, set forth: (a) what was said; (b) by whom said; (c) date and place where said; and (d) in whose presence, giving names and addresses of any persons having knowledge thereof.
14. Set forth the names and present residence addresses of all eye witnesses to the accident or occurrence, their relationship to you and their interest in this action.
15. State the names and addresses of all persons who have knowledge of any facts relating to the case.
16. If you claim that the plaintiff made any admissions as to the subject matter of this lawsuit, state: (a) the date made; (b) the name of the person by whom made; (c) the name and address of the person to whom made; (d) where made; (e) the name and address of each person present at the time the admission was made; (f) the contents of the admission; and (g) if in writing, attach a copy.
17. If you or your representative and the plaintiff have had any oral communication concerning the subject matter of this lawsuit, state: (a) the date of the communication; (b) the name and address of each participant; (c) the name and address of each person present at the time of such communication; (d) where such communication took place; and (e) a summary of what was said by each party participating in the communication.
18. If you have obtained a statement from any person not a party to this action,
statement; (b) whether the statement was oral or in writing and if in writing, attach a copy; (c) the date the statement was obtained; (d) if such statement was oral, whether a recording was made, and if so, the nature of the recording and the name and present address of the person who has custody of it; (e) if the statement was written, whether it was signed by the person making it; (f) the name and address of the person who obtained the statement; and (g) if the statement was oral, a detailed summary of its contents.
19. If you claim that the violation of any statute, rule, regulation or ordinance
is a factor in this litigation, state the exact title and section.
20. Pursuant to R. 4:10-2(b), state whether there are any insurance agreements
or policies under which any person or firm carrying on an insurance business may be liable to satisfy part or all of a judgment that may be entered in this action or to indemnify or reimburse for payments made to satisfy the judgment. YES ( ) or NO ( ).
If the answer is "yes", attach a copy of each insurance agreement or policy,
or in the alternative state: (a) number; (b) name and address of insurer or issuer; (c) inception and expiration dates; (d) names and addresses of all persons insured thereunder; (e) personal injury limits; (f) property damage limits; (g) medical payment limits; (h) name and address of person who has custody and possession thereof; and (i) where and when each policy or agreement can be inspected and copied.
Note: Amended July 17, 1975 to be effective September 8, 1975; entire text deleted and new text added July 13, 1994 to be effective September 1, 1994.
CERTIFICATION
I hereby certify that the copies of the reports annexed hereto provided by either treating physicians or proposed expert witnesses are exact copies of the entire report or reports provided by them; that the existence of other reports of said doctors or experts, either written or oral, are unknown to me, and if such become later known or available, I shall serve them promptly on the propounding party.
Date: _____________ By: _________________________
(answered) (answering party)
Return to beginning of interrogatories.
Go to beginning of Form A: Personal Injury (For Defendant to Serve on Plaintiff)
Go to beginning of Form B: Property Damage to Motor Vechicle (To be served by Defendant upon Plaintiff for Plaintiff to answer)
Go to beginning of Form C: UNIFORM INTERROGATORIES TO BE ANSWERED BY DEFENDANT IN PERSONAL INJURY CASE - SUPERIOR COURT.
Go to beginning of Form D: UNIFORM INTERROGATORIES BY DEFENDANT IN MOTOR VEHICLE COLLISION CASE INVOLVING PROPERY DAMAGE (To be served on Plaintiff by Defendant for Plaintiff to answer.)
Go to beginning of Form E: UNIFORM INTERROGATORIES BY PLAINTIFF IN MOTOR VEHICLE COLLISION CASES: COUNTY DISTRICT COURT (To be served upon Plaintiff by Defendant for the Plaintiff to answer.)
FORM: REQUEST FOR INSURANCE
INFORMATION
Go to form for discovery demand cover letter.
Go to form by an attorney where he represents his client.
Go to the Table of Contents
FORM D:
UNIFORM INTERROGATORIES BY DEFENDANT IN MOTOR VEHICLE COLLISION CASE INVOLVING PROPERTY DAMAGE
[To be served on Plaintiff(s) by Defendant(s) for Plaintiff(s) to answer]
(Caption)
1. State whether the claimant was the sole owner of the motor vehicle involved in the alleged accident.
2. State the name and address of the person, firm or corporation, from whom the claimant purchased the motor vehicle and the date of purchase.
3. State whether the motor vehicle was new or used at the time of purchase.
4. State make, model and year of the motor vehicle.
5. State amount paid by claimant for the motor vehicle.
6. State whether the motor vehicle has been repaired since the accident.
7. If repaired, state the name and address of person, firm or corporation making the repairs.
8. If repaired, state specifically the part or parts of the motor vehicle alleged to have been damaged in the accident and furnish a copy of the repair bill.
9. State date upon which claimant authorized the repair of the motor vehicle.
10. State date on which repairs were completed.
11. State the market value of the motor vehicle immediately before the
accident.
12. State the market value of the motor vehicle in its damaged condition immediately after the accident.
13. State the market value of the motor vehicle in its repaired condition.
14. State whether the motor vehicle was used in connection with claimant's
business and, if so, state whether claimant was obliged to hire another motor vehicle for use in connection with his business. State the name and address of the person, firm or corporation from whom claimant hired another motor vehicle, the dates during which it was hired and the amount paid for its hire.
15. If no repairs have been made but an estimate of the said repairs has been obtained, attach a copy of the estimate to the answers to these interrogatories, and state the name and address of the person, firm or corporation who made the estimate.
16. State whether the claimant has sold or otherwise disposed of the motor vehicle.
17. If sold or otherwise disposed of, state the name and address of the person, firm or corporation to whom the motor vehicle was transferred and the date of the transfer, and the amount of consideration paid to the claimant therefor.
18. If it is alleged that the claimant incurred any other expenses or losses as a result of the alleged damage to the motor vehicle, set forth the additional alleged losses in detail, giving an itemized statement of them.
19. State the names and addresses of all persons who have knowledge of any relevant facts relating to the case.
20. State the names and addresses of any and all proposed expert witnesses and annex true copies of all written reports rendered to you by any such proposed expert witnesses.
21. State the following facts with respect to the collision:
a) Date
b) Time.
c) Condition of weather.
d) Condition of visibility.
e) Condition of roadway.
22. State the name and address of:
a) The operator of your vehicle.
b) Each of the other occupants in your vehicle.
(Note: The term "your vehicle" in this and other questions herein has reference to the vehicle in which you were an occupant at the time of the collision no matter who owns it.)
23. State in what municipality, county and state the collision occurred.
24. State on what street, highway, road or other place (designate which) and in what general direction (north, south, east or west) your vehicle was proceeding immediately prior to the collision. (You may include a sketch for greater clarity.)
25. With respect to fixed objects at the location of the collision, state as nearly as possible the point of impact. If you included a sketch, place an X thereon to denote the point of impact.
(Note: The term "point of impact" as used in this and other questions has reference to the exact point on the street, highway, road or other place where the vehicles collided.)
26. Describe in detail your version of how the collision occurred.
27. If you allege a violation of statute as a factor to be considered in
establishing negligence, state the title, section and paragraph of the statute.
28. State whether there were any traffic control devices, signs or police officers at or near the place of the collision. If there were, describe them (i.e., traffic lights, stop sign, police officers, etc.) and state the exact location of each.
29. If the collision occurred at an uncontrolled intersection state:
(a) Which vehicle entered the intersection first.
(b) Whether your vehicle came to a full stop before entering the intersection.
c) If your vehicle did not come to a full stop before entering the intersection, state the speed of your vehicle when it entered the intersection.
30. State in terms of feet the distance between:
a) The front of your vehicle and the point of impact at the time you first observed the other vehicle or vehicles collided with, and state the speed of your vehicle at that time.
b) The front of the other vehicle or vehicles collided with and the point of contact at the time you first observed it or them,. and state its or their speed at that time.
c) Your vehicle and the vehicle or vehicles collided with at the time you first saw it or them.
31. State where each vehicle came to rest after the impact. Include the distance in terms of feet from the point of impact to the point where each vehicle came to rest.
32. State what part of your vehicle came into contact with what part of the other vehicle or vehicles involved.
CERTIFICATION
I hereby certify that the copies of the reports annexed hereto rendered by proposed expert witnesses are exact copies of the entire report or reports rendered by them; that the existence of other reports of said experts, either written or oral, are unknown to me, and if such become later known or available, I shall serve them promptly on the propounding party.
Date: _____________ By: ________________________
(answered) (answering party)
(NOTE: Amended July 7, 1971 to be effective September 13, 1971.)
Return to beginning of interrogatories.
Go to beginning of Form A: Personal Injury (For Defendant to Serve on Plaintiff)
Go to beginning of Form B: Property Damage to Motor Vechicle (To be served by Defendant upon Plaintiff for Plaintiff to answer)
Go to beginning of Form C: UNIFORM INTERROGATORIES TO BE ANSWERED BY DEFENDANT IN PERSONAL INJURY CASE - SUPERIOR COURT.
Go to beginning of Form D: UNIFORM INTERROGATORIES BY DEFENDANT IN MOTOR VEHICLE COLLISION CASE INVOLVING PROPERY DAMAGE
(To be served on Plaintiff by Defendant for Plaintiff to answer.)
Go to the Table of Contents
FORM E:
UNIFORM INTERROGATORIES BY PLAINTIFF IN MOTOR VEHICLE COLLISION CASES: COUNTY DISTRICT COURT
[To be served upon Plaintiff(s) by Defendant(s) for Plaintiff(s) to answer]
(Caption)
1. With respect to the collision referred to in the complaint filed herein:
Underline Answer
(a) Do you admit ownership? Yes No
(b) Do you admit operation? Yes No
(c) Do you admit agency? Yes No
(d) Do you admit control? Yes No
(e) Do you admit the date and place? Yes No
2. If you do 'not admit ownership:
(a) State the name and address of the owner.
(b) State the registration number, year, make, model and color of each motor vehicle owned by you on the date of the collision as alleged in the complaint.
3. If you do not admit operation, state the name and address of the operator.
4. If you do not admit agency and the owner was not also the operator, explain the circumstances under which the vehicle came into the possession of the operator, the purpose for which the vehicle was being used and its destination.
5. If you do not admit control:
a) State the name and address of the one in control.
b) If control was in another by agreement, state the names and addresses of the parties to the agreement, whether the agreement was oral or written and briefly, the terms of the agreement.
6. If you do not admit the date and place of the collision as alleged in the complaint, state the date and place of the collision as you recall it.
7. State whether your vehicle was licensed under an Interstate Commerce Commission permit. If so licensed, state the number of such permit, the name and address of the permittee, and the name and address of the lessee or other party in control, if any.
8. State on what street, highway, road or other place (designate which) and in what general direction (north, south, east or west) your vehicle was proceeding immediately prior to the collision. (You may include a sketch for greater clarity.)
(Note: The term "your vehicle" in this and other questions herein has reference to the vehicle in which you were an occupant at the time of the collision.)
9. With respect to fixed objects at the location of the collision, state as nearly as possible the point of impact. If you included a sketch, place an X thereon to denote the point of impact.
(Note: The term "point of impact" as used in this and other questions has reference to the exact point on the street, highway, road or other place where the vehicles collided.)
10. State whether there were any traffic control devices, signs or police officers at or near the place of the collision. If there were, describe them (i.e., traffic lights, stop sign, police officers, etc.) and state the exact location of each.
11. Describe in detail your version of how the collision occurred.
12. If the collision occurred at an uncontrolled intersection state:
(a) Which vehicle entered the intersection first.
(b) Whether your vehicle came to a full stop before entering the
intersection.
(c) If your vehicle did not come to a full stop before entering the intersection, state the speed of your vehicle when it entered the intersection.
13. State in terms of feet the distance between:
(a) The front of your vehicle and the point of impact at the time you first observed the other vehicle or vehicles collided with, and state your speed at that time.
(b) The front of the other vehicle or vehicles collided with and the point of contact at the time you first observed it or them and state its or their speed at that time.
(c) Your vehicle and the vehicle or vehicles collided with at the time you first saw it or them.
14. State where each vehicle came to rest after the impact. Include the distance in terms of feet from the point of impact to the point where each vehicle came to rest.
15. State what part of your vehicle came into contact with what part of the other vehicle or vehicles involved.
16. State the names and addresses of all persons who have knowledge of any relevant facts relating to the case.
17. State the names and addresses of any and all proposed expert witnesses and annex true copies of all written reports rendered to you by any such proposed expert witnesses.
18. State whether the defendant has insurance under which the insurance company may be liable to satisfy part or all of a judgment which may be entered in the action to indemnify or reimburse for payments made to satisfy the judgment.
CERTIFICATION
I hereby certify that the copies of the reports annexed hereto rendered by proposed expert witnesses are exact copies of the entire report or reports rendered by them; that the existence of other reports of said experts, either written or oral, are unknown to me, and if such become later known or available, I shall serve them promptly on the propounding party.
Date: _______________ By: ________________________
(answered) (answering party)
NOTES: Amended July 7, 1971 to be effective September 13, 1971. Paragraph (18) adopted June 29, 1973 to be effective September 10, 1973.
Return to beginning of interrogatories.
Go to beginning of Form A: Personal Injury (For Defendant to Serve on Plaintiff)
Go to beginning of Form B: Property Damage to Motor Vechicle (To be served by Defendant upon Plaintiff for Plaintiff to answer)
Go to beginning of Form C: UNIFORM INTERROGATORIES TO BE ANSWERED BY DEFENDANT IN PERSONAL INJURY CASE - SUPERIOR COURT.
Go to beginning of Form D: UNIFORM INTERROGATORIES BY DEFENDANT IN MOTOR VEHICLE COLLISION CASE INVOLVING PROPERY DAMAGE (To be served on Plaintiff by Defendant for Plaintiff to answer.)
Go to beginning of Form E: UNIFORM INTERROGATORIES BY PLAINTIFF IN MOTOR VEHICLE COLLISION CASES: COUNTY DISTRICT COURT (To be served upon Plaintiff by Defendant for the Plaintiff to answer.)
Go to the of Contents
REQUEST FOR INSURANCEINFORMATION:
TO: (attorney name, esquire)
SIR (or madam):
Pursuant to R.R. 4:10-2(b) you are hereby requested to disclose to the undersigned the following information as to all the insurance policy limits for which _____________ [defendant(s)] were insured at the time of the accident.
1. Personal Injury Limits:
2. Property Damage Limits:
3. Medical Payment Limits:
4. Name of Carrier, policy number and expiration dates. If covered by more than one policy, please furnish all the above information as to each policy.
Answered On: ______________, 19 Request Dated: (date)
______________________________ _____________________________
(attorney name, esquire) (your name, Pro Se)
Attorney for Defendant(s) Address
Return to beginning of interrogatories.
Go to beginning of Form A: Personal Injury (For Defendant to Serve on Plaintiff)
Go to beginning of Form B: Property Damage to Motor Vechicle (To be served by Defendant upon Plaintiff for Plaintiff to answer)
Go to beginning of Form C: UNIFORM INTERROGATORIES TO BE ANSWERED BY DEFENDANT IN PERSONAL INJURY CASE - SUPERIOR COURT.
Go to beginning of Form D: UNIFORM INTERROGATORIES BY DEFENDANT IN MOTOR VEHICLE COLLISION CASE INVOLVING PROPERY DAMAGE (To be served on Plaintiff by Defendant for Plaintiff to answer.)
Go to beginning of Form E: UNIFORM INTERROGATORIES BY PLAINTIFF IN MOTOR VEHICLE COLLISION CASES: COUNTY DISTRICT COURT (To be served upon Plaintiff by Defendant for the Plaintiff to answer.)
FORM: REQUEST FOR INSURANCE INFORMATION
Go to the of Contents
NOTE: It is wise to provide a dated cover letter with the discovery demands made so you can establish that you did make discovery demands on time.
SAMPLE COVER LETTER -- CERTIFIED MAIL:
123 Your Street
Your Town, State, Zip
Your Telephone No.
Date of Letter
Mr. (Adversary Attorney Name, Esquire)
DILLY, DALLY, DOLITTLE AND DELAY
789 Their office address
City, State, Zip
Re: (Plaintiff name) v. (Defendant name); Docket No. 0000000 Union County
Dear Mr. (Adversary Attorney Name):
Please find enclosed the following:
1. Request for insurance information with two copies as per R. 4:10l-2(b)
2. One original and two copies of Interrogatories - Form (X) as per R. 4:17-3
3. One original and two copies of Interrogatories - Form (X) as per R. 4:17-3.
4. One original and two copies of supplemental Interrogatories.
Thank you in advance for your courtesy. Very truly yours,
[YOUR NAME]
By Certified Mail No. P 292 149 866
FAILURE TO ANSWER DISCOVERY DEMANDS IS CONSIDERED TO BE A VERY SERIOUS MATTER BY COURTS:
1. After the time provided for an answer to be provided (usually 30 to 60 days -- see your court's rules on this) one should send a polite, documented certified mail letter to the other party reminding them the answers are due. Follow-up with telephone call and after reasonable time another letter. If they fail to answer you will need to file a motion to compel answers. The motion will need an affidavit and the mailing proofs that the other party failed to perform as required.
2. If your advisory answered with sham (worthless empty answers), daisy chains or similar tactics you will need to send him a letter numbered for each question he failed to answer correctly and requesting "more specific answers". Should your adversary fail to properly respond to same you then need to file a "Motion for More Specific Answers".
WHERE AN ATTORNEY REPRESENTS HIS CLIENT:
NOTICE TO CLIENT PURSUANT TO R. 4:23-5 (in NJ - different rule cite in other states)
PLEASE BE ADVISED that a motion has been made in the above entitled matter seeking to dismiss your complaint suppress your answer dismiss your counterclaim
for your failure to answer the interrogatories of the in this matter.
Said motion will be heard on the _ day of __________ 199 _
before the Superior Court of New Jersey,
County, at the Courthouse, before Judge
You have the right to appear and be heard at this time and place.
Very truly yours,
Attorney for _____________
at 8:00 a.m.
Division, (Specific Court -- and address)
(State: AZ, NJ etc.)
WARNING:
Judges get real angry at anyone who they view as playing games with discovery and failing to answer reasonable discovery demands. If you are a plaintiff they may very well grant a motion dismissing your action and you lose.
REMINDER:
As mentioned elsewhere in this Free service the user is always advised to only use these materials as a draft or guide and to have an attorney in the specific jurisdiction review and edit any paper before presenting it to either the court or an adversary. Members of the American Pro Se Association have increasing access to ALA (Approved Legal Advisors) who are licensed attorneys who will assist members at the following rates: $1 per minute or $75 per hour for consulting and editing; $90 per hour for representation on an hourly rate; or a 10% discount from the normal contingency fee arrangement for the relevant jurisdiction as provided by law.
Return to beginning of interrogatories.
Go to beginning of Form A: Personal Injury (For Defendant to Serve on Plaintiff)
Go to beginning of Form B: Property Damage to Motor Vechicle (To be served by Defendant upon Plaintiff for Plaintiff to answer)
Go to beginning of Form C: UNIFORM INTERROGATORIES TO BE ANSWERED BY DEFENDANT IN PERSONAL INJURY CASE - SUPERIOR COURT.
Go to beginning of Form D: UNIFORM INTERROGATORIES BY DEFENDANT IN MOTOR VEHICLE COLLISION CASE INVOLVING PROPERY DAMAGE (To be served on Plaintiff by Defendant for Plaintiff to answer.)
Go to beginning of Form E: UNIFORM INTERROGATORIES BY PLAINTIFF IN MOTOR VEHICLE COLLISION CASES: COUNTY DISTRICT COURT (To be served upon Plaintiff by Defendant for the Plaintiff to answer.)
FORM: REQUEST FOR INSURANCE INFORMATION
Go to form for discovery demand cover letter.
Go to form by an attorney where he represents his client.
Go to the Table of Contents
NOTE: It is wise to provide a dated cover letter with the discovery demands made so you can establish that you did make discovery demands on time. |
