Personal History: (Anticipate every question in the answers to Interrogatories being posed again!) The following questions are just some of the questions a defense attorney can ask a personal injury plaintiff. We obtained these questions from a list prepared by insurance companies and given to their defense attorneys.

Name in Full

• Given Name
• Name on Birth Certificate
• Ever Used Any Other Name
• If Plaintiff Female
• Any Name When Married
• Previous Names By Marriage
• Nicknames or Names by Which Generally Known

Day, Month & Year of Birth

• Place of Birth
• Ever Given Any Other Day of Birth
• If So, Why

Schooling:

• What schools attended
• What schools graduated
• When left such school
• Any special training schools
• High schools
• Special Training in military service

Past Employment:

• First job after leaving school
• Names, Addresses of employers
• If small corporation, who was owner
• Is company still in business
• Present address
• Actual reason for leaving, resigned, discharged
• Stated reason to employer for leaving
• Ever left employment or changed place of employment for reasons of health
• What employer plan or hospitalization if any, what insurance company

Present Employment if not Employee of Defendant:

• When first employed
• Was any condition of health concealed from present employer or any employer
• If so, what and why
• Any workmen's compensation benefits ever received from present employer
• Any hospitalization or medical services furnished by employer or employers or insurance company

Condition of Health Prior to Accident:

• Name of Regular Family Doctor
• Doctor normally called by plaintiff or members of family when necessary
• Present and past addresses of such doctor still in practice
• Physical conditions for which treated or examined by such doctor
• Any regular physical checkups by such doctor
• Physical examination if any by present employer by past employers
• Ever hospitalized for any condition of health

Ever X-Rayed:

• If so, what hospitals, when, where, what condition of health, period of stay, period of disability from work
• Ever have any prior condition of health causing pain in any part of body, when, what part of body
• Ever have numbness, tingling, dizziness any trouble with eye sight, hearing, breathing, maintaining balance, and pain in area

Claim History:

• Ever have accident/injury for which claim was made by plaintiff or against plaintiff
• Ever received any money from any insurance company for claimed personal illness or accident
• Any health insurance (even if no claim)
• What company at present
• Any other companies in the past
• Any benefits received from other company

Life Insurance:

• Medical examinations for life insurance
• When, where, what doctor
• Names of companies with which policies >presently held or formerly held
• Ever rejected on application for life insurance

Family History:

• Married or single
• Name of wife, husband
• Ever divorced
• Names of previous wives, husbands
• Former residences
• Place where divorce occurred
• Present name of previous spouse
• Children
• Age of children
• Residence of children
• Children by other marriages
• Any dependent children

Driver's License:

• What state, when issued
• Record number & date of issue
• Any restrictions on license
• Ever have license suspended
• Ever licensed in other states which was suspended or restrictions

Criminal record:

• Ever been arrested
• Ever jailed
• Ever suspended sentence
• Ever convicted of felony
• Ever placed on probation
• Driving license ever suspended for traffic violation for other reasons

Personal Habits:

• Use of alcohol
• Frequency
• Any alcohol on day of accident
• Any alcohol within 24 hours before accident

Personal Information:

• Ever wear glasses for reading or generally
• Where glasses obtained
• Reason for wearing glasses
• Name of doctor prescribing glasses
• Have glasses recently been
• changed since accident
• Same glasses now as before accident
• Why not
• Glasses broke in accident
• Glasses on person in accident

Previous earning:

• Employment at time of accident
• Hourly rate of pay
• Normal rate of pay
• Normal working hours
• Overtime
• Average yearly earnings
• Average monthly earnings presented paid
• Average paycheck take home
• Previous earnings from other employers
• Present rate of pay

If plaintiff not returned to employment:

• Rate of pay presently being paid for or a time of accident
• Any earnings from second jobs
• Any earnings from self-employment
• Any past earnings from any source
• Any past income from any source

Military Service:

• When and where registered for military service
• If deferred, for what reason
• Classification
• Draft Card
• Social Security Number
• If in service :
• serial number
• place entered service
• place discharged from service
• Request authorization to obtain records
• Army
• Navy
• Veteran's Bureau
• Selected Service records
• Any disability payment at present or ever
• Date of discharge
• Does plaintiff have copy of discharge papers

Ability to read:

• Inquire as to schooling
• If schooling limited inquire as to ability to read on asking questions about eyesight
• Does Plaintiff have any difficulty in reading newspapers, books and letters from friends

THE ACCIDENT/MEDICALS:

• Location:
• Exact location, if possible
• Landmarks
• Special objects in vicinity
• Is condition of area the same now
• What changes
• Was condition of area the same on other occasions before accident
• Any special condition on day of accident
• Familiarity of plaintiff with the area
• Prior to accident any different condition noted
• How frequently is plaintiff in area

Conditions in area:

• Lighting
• If artificial lights, were lights on
• Any light bulbs missing
• Any unusual condition of lighting nor normal
• Any obstructions to visibility
• Darkness, smoke, haze, clouds, dust, sun in eyes, raining, frosty, dampness, mud, slippery
• If wears glasses, was plaintiff wearing glasses at time of accident: sun glasses or goggles.

The Accident

Plaintiffs full story of the accident in narrative form and then in chronological order

After Plaintiff has related inquire into circumstance.

Plaintiff's Oral Statements:

Did plaintiff tell anyone how accident happened immediately after the accident

If so, who, when

Did person informed make any responses as to knowledge of accident, or any comments as to conditions surrounding accident

If another employee involved in accident, any conversation with any employee

Court rules on deposition 2002:
RULE 4:14. DEPOSITIONS UPON ORAL EXAMINATION

4:14-1. When Depositions May Be Taken

       Except as otherwise provided by R. 4:14-9(a), after commencement
of the action, any party may take the testimony of
       any person, including a party, by deposition upon oral
examination. Leave of court, granted with or without notice,
       must be obtained only if the plaintiff seeks to take a deposition
prior to the expiration of 35 days after service of the
       summons and complaint upon the defendant by any manner, except
that leave is not required if the defendant has
       already served a notice of taking deposition or otherwise sought
discovery. The attendance of witnesses may be
       compelled by subpoena as provided in R. 4:14-7. The deposition of
a person confined in prison may be taken only by
       leave of court on such terms as the court prescribes.

Note: Source-R.R. 4:16-1. Former rule deleted and new R. 4:14-1 adopted
July 14, 1972 to be effective September 5, 1972
(formerly R. 4:10-1); amended July 21, 1980 to be effective September 8,
1980; amended July 10, 1998 to be effective
September 1, 1998; amended July 5, 2000 to be effective September 5,
2000.

4:14-2. Notice of Examination; General Requirements; Deposition of
Organization

       (a) Notice. Except as otherwise provided by R. 4:14-9(b), a party
desiring to take the deposition of any person upon
       oral examination shall give not less than 10 days notice in
writing to every other party to the action. The notice shall
       state the time and place for taking the deposition, which shall
be reasonably convenient for all parties, and the name and
       address of each person to be examined, if known, and, if the name
is not known a general description sufficient to
       identify the person or the particular class or group to which the
person belongs. If a defendant fails to appear or answer
       in any civil action within the time prescribed by these rules,
depositions may be taken without notice to that defendant.

       (b) Time. The court may for cause shown enlarge or shorten the
time for taking the deposition.

       (c) Organizations. A party may in the notice name as the deponent
a public or private corporation or a partnership or
       association or governmental agency and designate with reasonable
particularity the matters on which examination is
       requested. The organization so named shall designate one or more
officers, directors, or managing agents, or other
       persons who consent to testify on its behalf, and may set forth
for each person designated the matters on which
       testimony will be given. The persons so designated shall testify
as to matters known or reasonably available to the
       organization.

       (d) Production of Things. The notice to a party deponent may be
accompanied by a request made in compliance with
       and in accordance with the procedure stated in R. 4:18-1 for the
production of documents and tangible things at the
       taking of the deposition.

Note: Source-R.R. 4:20-1. Former rule deleted and new R. 4:14-2 adopted
July 14, 1972 to be effective September 5, 1972
(formerly in R. 4:10-1 and 4:14-1); paragraph (a) amended July 21, 1980
to be effective September 8, 1980; paragraphs (a) and
(c) amended July 13, 1994 to be effective September 1, 1994.

4:14-3. Examination and Cross-Examination; Record of Examination; Oath;
Objections

       (a) Examination and Cross-Examination. Examination and
cross-examination of deponents may proceed as permitted in
       the trial of actions in open court, but the cross-examination
need not be limited to the subject matter of the examination
       in chief.

       (b) Oath; Record. The officer before whom the deposition is to be
taken shall put the witness on oath and shall
       personally, or by some one acting under the officer's direction
and in the officer's presence, record the testimony of the
       witness. The testimony shall be recorded and transcribed on a
typewriter unless the parties agree otherwise.

       (c) Objections. No objection shall be made during the taking of a
deposition except those addressed to the form of a
       question or to assert a privilege, a right to confidentiality or
a limitation pursuant to a previously entered court order.
       The right to object on other grounds is preserved and may be
asserted at the time the deposition testimony is proffered
       at trial. An objection to the form of a question shall include a
statement by the objector as to why the form is
       objectionable so as to allow the interrogator to amend the
question. No objection shall be expressed in language that
       suggests an answer to the deponent. Subject to R. 4:14-4, an
attorney shall not instruct a witness not to answer a
       question unless the basis of the objection is privilege, a right
to confidentiality or a limitation pursuant to a previously
       entered court order. All objections made at the time of the
examination to the qualifications of the officer taking the
       deposition or the person recording it, or to the manner of taking
it, or to the evidence presented, or to the conduct of
       any party, and any other objection to the proceedings, shall be
noted by the officer upon the deposition. Evidential
       objections to a videotaped deposition of a treating physician or
expert witness which is taken for use in lieu of trial
       testimony shall be made and proceeded upon in accordance with R.
4:14-9(f).

       (d) No Adjournment. Except as otherwise provided by R. 4:14-4 and
R. 4:23-1(a) all depositions shall be taken
       continuously and without adjournment unless the court otherwise
orders or the parties and the deponent stipulate
       otherwise.

       (e) Written Questions. In lieu of participating in an oral
examination, parties may serve written questions in a sealed
       envelope on the party taking the deposition and that party shall
transmit them to the officer, who shall propound them
       to the witness and record the answers verbatim.

       (f) Consultation With the Deponent. Once the deponent has been
sworn, there shall be no communication between the
       deponent and counsel during the course of the deposition while
testimony is being taken except with regard to the
       assertion of a claim of privilege, a right toconfidentiality or a
limitation pursuant to a previously entered court order.

Note: Source-R.R. 4:16-3, 4:20-3. Paragraphs (b), (d) and (e) amended
July 14, 1972 to be effective September 5, 1972
(Paragraph (a) formerly R. 4:10-3); paragraph (c) amended July 21, 1980
to be effective September 8, 1980; paragraphs (b) and
(e) amended July 13, 1994 to be effective September 1, 1994; paragraph
(c) amended and paragraph (f) added June 28, 1996 to
be effective September 1, 1996.

4:14-4. Motion or Application to Terminate or Limit Examination or for
Sanctions

       At any time during the taking of the deposition, on formal motion
or telephone application to the court of a party or of
       the deponent and upon a showing that the examination or any part
thereof is being conducted or defended in bad faith
       or in such manner as unreasonably to annoy, embarrass or oppress
the deponent or party, or in violation of R.
       4:14-3(c) or (f), the court may order the person conducting the
examination to cease forthwith from taking the
       deposition, or may limit the scope and manner of the taking of
the deposition as provided in R. 4:10-3. If the order
       made terminates the examination, it shall be resumed thereafter
only upon further order of the court in which the action
       is pending. Upon demand of the objecting party or deponent, the
taking of the deposition shall be suspended for the
       time necessary to make a motion or telephone application for an
order. The provisions of R. 4:23-1(c) shall apply to
       the award of expenses incurred in making or defending against the
motion or telephone application.

Note: Source-R.R. 4:20-4. Amended July 14, 1972 to be effective
September 5, 1972; amended June 28, 1996 to be effective
September 1, 1996.

4:14-5. Submission to Witness; Changes; Signing

       If the officer at the taking of the deposition is a certified
shorthand reporter, the witness shall not sign the deposition. If
       the officer is not a certified shorthand reporter, then unless
reading and signing of the deposition are waived by
       stipulation of the parties, the officer shall request the
deponent to appear at a stated time for the purpose of reading
       and signing it. At that time or at such later time as the officer
and witness agree upon, the deposition shall be submitted
       to the witness for examination and shall be read to or by the
witness, and any changes in form or substance which the
       witness desires to make shall be entered upon the deposition by
the officer with a statement of the reasons given by the
       witness for making them. The deposition shall then be signed by
the witness. If the witness fails to appear at the time
       stated or if the deposition is not signed by the witness, the
officer shall sign it and state on the record the fact of the
       witness' failure or refusal to sign, together with the reason, if
any, given therefor; and the deposition may then be used
       as fully as though signed, unless on a motion to suppress under
R. 4:16-4(d) the court holds that the reasons given for
       the refusal to sign require rejection of the deposition in whole
or in part.

Note: Source-R.R. 4:20-5. Amended July 14, 1972 to be effective
September 5, 1972; amended July 13, 1994 to be effective
September 1, 1994.

4:14-6. Certification and Filing by Officer; Exhibits; Copies

       (a) Certification and Filing. The officer shall certify on the
deposition that the witness was duly sworn and that the
       deposition is a true record of the testimony. The officer shall
then promptly file with the deputy clerk of the Superior
       Court in the county of venue a statement captioned in the cause
setting forth the date on which the deposition was
       taken, the name and address of the witness, and the name and
address of the reporter from whom a transcript of the
       deposition may be obtained by payment of the prescribed fee. The
reporter shall furnish the party taking the
       deposition with the original and a copy thereof. Depositions
shall not be filed unless the court so orders on its or a
       party's motion. The original deposition shall, however, be made
available to the judge to whom any proceeding in the
       matter has been assigned for disposition at the time of the
hearing or as the judge may otherwise request. Filed
       depositions shall be returned by the court to the party taking
the deposition after the termination of the action. A
       videotaped deposition shall be sealed and filed in accordance
with R. 4:14-9(d).

       (b) Documentary Evidence. Documentary evidence exhibited before
the officer or exhibits proved or identified by the
       witness, may be annexed to and returned with the deposition; or
the officer shall, if requested by the party producing
       the documentary evidence or exhibit, mark it as an exhibit in the
action, and return it to the party offering the same, and
       the same shall be received in evidence as if annexed to and
returned with the deposition.

       (c) Copies. The party taking the deposition shall bear the cost
thereof and of promptly furnishing a copy of the
       transcript to the witness deposed, if an adverse party, and if
not, to any adverse party. The copy so furnished shall be
       made available to all other parties for their inspection and
copying. Copies of videotaped depositions shall be made and
       furnished in accordance with R. 4:14-9(d).

Note: Source-R.R. 4:20-6(a)(b)(c). Paragraph (c) amended July 14, 1972
to be effective September 5, 1972; paragraphs (a) and
(c) amended July 21, 1980 to be effective September 8, 1980; paragraph
(a) amended July 15, 1982 to be effective September
13, 1982; paragraphs (a) and (c) amended July 13, 1994 to be effective
September 1, 1994; paragraph (a) amended June 28,
1996 to be effective September 1, 1996.

4:14-7. Subpoena for Taking Depositions

       (a) Form; Contents; Scope. The attendance of a witness at the
taking of depositions may be compelled by subpoena,
       issued and served as prescribed by R. 1:9 insofar as applicable,
and subject to the protective provisions of R. 1:9-2 and
       R. 4:10-3. The subpoena may command the person to whom it is
directed to produce designated books, papers,
       documents or other objects which constitute or contain evidence
relating to all matters within the scope of examination
       permitted by R. 4:10-2.

       (b) Time and Place of Examination by Subpoena; Witness' Expenses.

       (1) Fact Witnesses. A resident of this State subpoenaed for the
taking of a deposition may be required to attend an
       examination only at a reasonably convenient time and only in the
county of this State in which he or she resides, is
       employed or transacts business in person, or at such other
convenient place fixed by court order. A nonresident of this
       State subpoenaed within this State may be required to attend only
at a reasonably convenient time and only in the
       county in which he or she is served, at a place within this State
not more than 40 miles from the place of service, or at
       such other convenient place fixed by court order. The party
subpoenaing a witness, other than one subject to
       deposition on notice, shall reimburse the witness for the
out-of-pocket expenses and loss of pay, if any, incurred in
       attending at the taking of depositions.

       (2) Expert Witnesses and Treating Physicians. If the expert or
treating physician resides or works in New Jersey, but
       the deposition is taken at a place other than the witness'
residence or place of business, the party taking the deposition
       shall pay for the witness' travel time and expenses, unless
otherwise ordered by the court. If the expert or treating
       physician does not reside or work in New Jersey, the proponent of
the witness shall either (A) produce the witness, at
       the proponent's expense, in the county in which the action is
pending or at such other place in New Jersey upon which
       all parties shall agree, or (B) pay all reasonable travel and
lodging expenses incurred by all parties in attending the
       witness' out-of-state deposition, unless otherwise ordered by the
court.

       (c) Notice; Limitations. A subpoena commanding a person to
produce evidence for discovery purposes may be issued
       only to a person whose attendance at a designated time and place
for the taking of a deposition is simultaneously
       compelled. The subpoena shall state that the subpoenaed evidence
shall not be produced or released until the date
       specified for the taking of the deposition and that if the
deponent is notified that a motion to quash the subpoena has
       been filed, the deponent shall not produce or release the
subpoenaed evidence until ordered to do so by the court or the
       release is consented to by all parties to the action. The
subpoena shall be simultaneously served no less than 10 days
       prior to the date therein scheduled on the witness and on all
parties, who shall have the right at the taking of the
       deposition to inspect and copy the subpoenaed evidence produced.
If evidence is produced by a subpoenaed witness
       who does not attend the taking of the deposition, the parties to
whom the evidence is so furnished shall forthwith
       provide notice to all other parties of the receipt thereof and of
its specific nature and contents, and shall make it
       available to all other parties for inspection and copying.

Note: Source-R.R. 4:20-1 (last sentence), 4:46-4(a) (b). Paragraphs (a)
and (b) amended July 14, 1972 to be effective September
5, 1972; paragraph (c) adopted November 5, 1986 to be effective January
1, 1987; paragraph (b) recaptioned paragraph (b)(1)
and amended, paragraph (b)(2) adopted and paragraph (c) amended July 14,
1992 to be effective September 1, 1992.

4:14-8. Failure to Attend or Serve Subpoena; Expenses

       If the party giving notice of the taking of a deposition fails to
attend and proceedtherewith and another party attends in
       person or by attorney pursuant to the notice, or if the party
giving the notice fails to serve a subpoena upon a witness
       who because of such failure does not attend and another party
attends in person or by attorney because that party
       expects the deposition of that witness to be taken, the court may
order the party giving the notice to pay to such other
       party the reasonable expenses incurred as a result of attendance
either by the attending party or that party's attorney,
       including reasonable attorney's fees.

Note: Source-R.R. 4:20-7(a)(b). Amended July 14, 1972 to be effective
September 5, 1972; amended July 13, 1994 to be
effective September 1, 1994.

4:14-9. Videotaped Depositions

       Videotaped depositions may be taken and used in accordance with
the applicable provisions of these discovery rules
       subject to the following further requirements and conditions:

       (a) Time for Taking Videotaped Depositions. The provisions of R.
4:14-1 shall apply to videotaped depositions except
       that such a deposition of a treating physician or expert witness
which is intended for use in lieu of trial testimony shall
       not be noticed for taking until 30 days after a written report of
that witness has been furnished to all parties. Any party
       desiring to take a discovery deposition of that witness shall do
so within such 30-day period.

       (b) Notice. A party intending to videotape a deposition shall
serve the notice required by R. 4:14-2(a) not less than 30
       days prior to the date therein fixed for the taking of the
deposition. The notice shall further state that the deposition is
       to be videotaped.

       (c) Transcript. The videotaping of a deposition shall not be
deemed to except it from the general requirement of
       stenographic recording and typewritten transcript. Prior to the
swearing of the witness by the officer, the name, address
       and firm of the videotape operator shall be stated on the record.

       (d) Filing, Sealing, Copies. Immediately following the conclusion
of the videotaped deposition, the videotape operator
       shall deliver the tape to the officer who shall take physical
custody thereof for the purpose of arranging for the making
       of one copy thereof. Upon return to the officer of the original
and copy of the tape, the officer shall seal and file the
       original with the deputy clerk of the Superior Court in the
county in which the matter is pending and shall deliver the
       copy to the party taking the deposition. That party shall then
furnish a copy of the tape to an adverse party who shall
       make it available for copying and inspection to all other
parties.

       (e) Use. Videotaped depositions may be used at trial in
accordance with R. 4:16-1. In addition, a videotaped deposition
       of a treating physician or expert witness, which has been taken
in accordance with these rules, may be used at trial in
       lieu of testimony whether or not such witness is available to
testify and provided further that the party who has taken
       the deposition has produced the witness for further videotaped
deposition necessitated by discovery completed
       following the original videotaped deposition or for other good
cause. Disputes among partiesregarding the recall of a
       treating physician or expert witness shall be resolved by motion,
which shall be made as early as practicable before trial.
       The taking of a videotaped deposition of a treating physician or
expert witness shall not preclude the party taking the
       deposition from producing the witness at trial.

       (f) Objections. Where a videotaped deposition of a treating
physician or expert witness is taken for use at trial in lieu of
       testimony, all evidential objections shall, to the extent
practicable, be made during the course of the deposition. Each
       party making such objection shall, within 30 days following the
completion of the deposition, file a motion for rulings
       thereon and all such motions shall be consolidated for hearing. A
copy of the tape shall be edited in accordance with
       said rulings and the copy so edited shall be sealed and filed
with the clerk after all parties have had the opportunity to
       view and copy it.

       (g) Cost of Videotaped Depositions. All out-of-pocket expenses
incurred in connection with a videotaped deposition,
       including the making of copies herein required and the editing of
tapes, shall be borne, in the first instance, by the party
       taking the deposition. The cost of court presentation of the
deposition shall be borne, in the first instance, by the party
       offering the deposition.

       (h) Record on Appeal. Where a videotaped deposition is used at
trial, a typewritten transcript thereof shall be included
       in the record on appeal. The videotape itself shall not
constitute part of the record on appeal except on motion for good
       cause shown.

Note: Adopted July 21, 1980 to be effective September 8, 1980; paragraph
(e) amended June 29, 1990 to be effective
September 4, 1990; paragraph (c) amended July 13, 1994 to be effective
September 1, 1994; paragraph (d) amended June 28,
1996 to be effective September 1, 1996.