Pretrial Information Exchange

[JRutsky]

I am an attorney who works primarily in NY. I have a couple of medical malpractice cases in Essex County ready for trial. I have provided my pretrial information exchange pursuant to NJ Court Rule 4:25-7(b) and Appendix XXIII, but in both cases, the defendants have not sent theres and have ignored my letters requesting the exchange. In both instances, the initial trial date has passed (adjourned) and I expect trial some time in the first quarter of 2009.

Should I expect to get a pretrial info exchange from the defendants? If they do not provide the exchange, what can I do?

Any help would be greatly appreciated. There is only so much information contained in case law and books.

[Eagle]

Was the initial trail date adjourned more than seven days before the scheduled date? If so it looks like they have not really violated the rule by ignoring you. I think now you can only wait until 7 days before the next trial date and have a motion prepared in case they ignore you again. At that point you could call the judge's office and let them know you need to file the motion right away. You should ask for sanctions too, but you would have to do some research to detrmine which particular sacntions you can ask for in such a situation.