Supreme Court of New Jersey
Kathleen DiFiore v. Tomo Pezic Dora Deleon v. the Achilles Foot and Ankle Group Jorge Remache-Robalino v. Nader…
June 15, 2023
Summary
The Supreme Court of New Jersey affirmed the Appellate Division’s core holding that trial courts may, on a case‑by‑case basis, set conditions for defense medical examinations (DMEs) including who may attend and whether they may be recorded, and it added that video recording is an acceptable option and protective orders should be used for proprietary concerns. The Court modified the Appellate Division’s burden‑shifting rule, placing the burden on defendants to show why a neutral third‑party observer or recording should be excluded, and remanded for further proceedings.