Law Office Of Paul DePetris
paul@newjerseylemon.com

New Jersey Expert Witness Information

Read below to learn more about this topic.

Or, to receive a no cost phone consultation about what the Law Office of Paul DePetris might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris at paul@newjerseylemon.com.

The information in this article is only for New Jersey Law Division, Civil Part cases and not for other New Jersey court cases, such as those in New Jersey Special Civil Court, New Jersey Small Claims Court or New Jersey Chancery Court!!! Do not use this article if you have a New Jersey Special Civil Court, New Jersey Small Claims Court or New Jersey Chancery Court case!!! Also, no website is a substitute for competent advice from a New Jersey lawyer!

Warning – this article does not necessarily include each and every New Jersey court rule that may apply to your New Jersey case! The Law Office of Paul DePetris does not guarantee that the statutes, rules, codes, files or forms on this website are the latest versions of the statutes, rules, codes, files or forms, that they lack typographical errors or that they have not been amended, repealed or superseded by other federal or state law. The New Jersey Statutes, United States Statutes, New Jersey Administrative Code and Federal Code in this database are not annotated. Accordingly, this database may include laws that: (1) never became operable due to unmet conditions; (2) expired; (3) were repealed or amended; (4) were declared void by a court of law; (5) or are otherwise invalid. Further, effective dates of the laws are not necessarily included in the database. Accordingly, you should not rely upon the statutes, rules, codes, files or forms on this website contained in this database for any purpose and before taking any legal measures, you instead should read all applicable federal and state source law and case law and consult with an attorney for any changes in the laws. Be certain to cross reference all applicable rules before preparing, filing or serving any papers!!! For example, Special Civil Part Rules often cross reference other rules – rules that apply to Special Civil Part Cases as well as to other types of civil cases not being heard in Special Civil Part.

NEW JERSEY EXPERT WITNESSES

WHAT IS A NEW JERSEY EXPERT WITNESS?
New Jersey expert witnesses are people with special expertise in a particular field or business or profession who provide testimony in a New Jersey Court to help prove or defend against liability or damages or both in a New Jersey case. Common examples of New Jersey experts include: doctors, nurses, real estate appraisers, automotive appraisers, mechanics, home repair contractors, alarm technicians, handwriting specialists and accountants. Normally, a New Jersey Plaintiff or New Jersey defendant seeking to use a New Jersey expert hires that New Jersey expert to prepare a comprehensive report about certain parts of the New Jersey case. If a New Jersey trial is scheduled, the New Jersey plaintiff or New Jersey defendant who ordered the New Jersey expert report hires the New Jersey expert to appear and testify at the New Jersey trial of the New Jersey case.

WHY DO I NEED A NEW JERSEY EXPERT WITNESS TO PROVE MY CASE\?
New Jersey experts may provide important New Jersey trial testimony to help a New Jersey plaintiff or New Jersey defendant to prove their New Jersey case or New Jersey defense. Many people think they just file a New Jersey complaint or a New Jersey answer and then show up in New Jersey Court with papers and tell their story. This is not always how New Jersey Court trials work! Never assume you can just show up to New Jersey Court with documents and use them to support your New Jersey Court Trial of your New Jersey case or even refer to them at your New Jersey Court Trial. While it is true that you must bring all appropriate New Jersey documents, photographs, videos and other items with you to your New Jersey Court Trial that are necessary to prove your New Jersey case (preferably originals), even if you bring such documents and items to New Jersey Court, the New Jersey Court may refuse to allow you to use them at your New Jersey Court Trial. New Jersey has published cases, laws, regulations, Court rules and rules of evidence that are very tricky and that can be used to prevent you from doing much of what you want to do at your New Jersey Court Trial. Accordingly, before New Jersey trial, you must consult all of these rules to determine how you intend to get your New Jersey documents and items into evidence or how to properly use them at your New Jersey Court Trial. New Jersey hearsay rules of evidence are particularly troublesome and you should study them carefully before New Jersey trial. For example, it is very common for New Jersey Courts to refuse to allow a New Jersey Plaintiff or New Jersey defendant to use or refer to New Jersey documents or items that the person themselves never prepared. Often New Jersey plaintiffs and New Jersey defendants stumble into New Jersey Court with a video, photograph, bill or New Jersey affidavit or other form of written statement, thinking they are going to use it as proof that they lost money or that they are not responsible for someone else’s damages, only to have a New Jersey judge tell the New Jersey Plaintiffs or New Jersey defendants that it is not going to even consider such items or documents.

IF YOU HAVE TO PROVE YOUR NEW JERSEY CASE BY PRESENTING TECHNICAL, SCIENTIFIC OR MEDICAL INFORMATION, HIRE AN NEW JERSEY EXPERT WITNESS TO WRITE A COMPLETE NEW JERSEY EXPERT REPORT AND TO TESTIFY AT TRIAL
Often to prove one’s New Jersey Court case or to successfully defend against a New Jersey Court complaint, it is necessary to hire an New Jersey expert witness to prepare a proper New Jersey expert report and to testify regarding another New Jersey plaintiff or New Jersey defendant’s misconduct and the damages sustained as a result of the misconduct. If scientific, technical, or other specialized knowledge will assist the factfinder at the New Jersey Court trial to understand the evidence or to determine a fact in issue, a witness qualified as an New Jersey expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise. To be considered by the New Jersey Court, an New Jersey expert’s opinion must meet three basic requirements: (1) the intended testimony must concern a subject matter that is beyond the knowledge of the average juror; (2) the subject testified to must be at a state of the art such that an New Jersey expert’s testimony could be sufficiently reliable; and (3) the witness must have sufficient New Jersey expertise to offer the intended testimony. To meet the element of whether New Jersey expert testimony is sufficiently reliable, the New Jersey plaintiff or New Jersey defendant offering the New Jersey expert testimony must demonstrate that the New Jersey expert’s opinion or theory is generally accepted within the scientific community. A New Jersey expert's opinion must be supported by facts or data either in the record or of a type usually relied upon by New Jersey experts in the field. Bare conclusions of an New Jersey expert that are not supported by factual evidence are inadmissible. Likewise, New Jersey expert conclusions based on discredited or improperly performed diagnostic tools are suspect. An New Jersey expert's trial testimony is confined to the opinion reflected in his or her report. Many New Jersey expert opinions are never admitted into evidence and New Jersey experts are thereby prevented from testifying at the New Jersey Court trial because the New Jersey Court finds the New Jersey expert reports unreliable and/or inadequate. Therefore, simply hiring an New Jersey expert does not assure that you shall get their testimony into evidence. Professional New Jersey experts usually charge a fee to inspect your property and write a report – sometimes they bill by the hour and sometimes via a flat fee arrangement linked to each service they are to perform. The New Jersey expert normally sends a copy of their report to the New Jersey plaintiff or New Jersey defendant who hired the New Jersey expert. If your New Jersey Court case requires New Jersey expert testimony and the matter goes all the way to the New Jersey trial, it shall be necessary to have the New Jersey expert appear at and testify at same. The New Jersey expert usually charges additional fees for the time during which they must appear at the New Jersey Court trial but you may get the New Jersey expert to include such services as part of the fee to perform inspections and to write reports. While there are some exceptions, normally, New Jersey Courts do not allow people to show up at the New Jersey Court trial to introduce into evidence estimates, New Jersey expert reports and other documents that they never prepared and witnesses are often necessary to prove one’s case, especially when it comes to the New Jersey plaintiff or New Jersey defendant’s damages.

IF YOUR NEW JERSEY OPPONENT PROPERLY ASKS FOR YOUR NEW JERSEY EXPERT REPORTS MAKE SURE YOU PROVIDE YOUR NEW JERSEY OPPONENT WITH COPIES OF YOUR NEW JERSEY EXPERT WITNESS REPORTS IN SUFFICIENT TIME BEFORE THE NEW JERSEY TRIAL STARTS
A New Jersey plaintiff or New Jersey defendant may ask the New Jersey Court to refuse to allow a New Jersey opponent to call a New Jersey expert witness at a New Jersey trial for that New Jersey opponent’s failure to provide a copy of the New Jersey expert’s report to the New Jersey plaintiff or New Jersey defendant in enough time before the New Jersey trial. For example, if a New Jersey interrogatory requires a copy of the New Jersey expert report of an expert witness or treating or examining physician as set forth in R. 4:10-2(d)(1), the answering New Jersey plaintiff or answering New Jersey defendant shall annex to the New Jersey interrogatory an exact copy of the entire New Jersey expert report or reports rendered by the expert or physician. The New Jersey expert report shall contain a complete statement of that persons opinions and the basis therefor; the facts and data considered in forming the opinions; the qualifications of the witness, including a list of all publications authored by the witness within the preceding ten years; and whether compensation has been or is to be paid for the New Jersey expert report and testimony and, if so, the terms of the compensation. If the answer to a New Jersey interrogatory requesting the name and report of the New Jersey plaintiff or New Jersey defendant's expert or treating physician indicates that the same will be supplied thereafter, the the requesting New Jersey plaintiff or requesting New Jersey defendant may, on notice, move for an order of the New Jersey court fixing a day certain for the furnishing of that information by the answering New Jersey plaintiff or answering New Jersey defendant. Such order may further provide that an expert or treating physician whose name or report is not so furnished shall not be permitted to testify at trial. Except as herein provided, the communications between counsel and a New Jersey expert deemed trial preparation materials pursuant to R. 4:10-2(d)(1) may not be inquired into. Except as otherwise provided by R. 4:17-4(e), if a New Jersey plaintiff or New Jersey defendant who has furnished answers to interrogatories thereafter obtains information that renders such answers incomplete or inaccurate, amended answers shall be served not later than 20 days prior to the end of the New Jersey discovery period, as fixed by the track assignment or subsequent order. Amendments may be allowed thereafter only if the New Jersey plaintiff or New Jersey defendant seeking to amend certifies therein that the information requiring the amendment was not reasonably available or discoverable by the exercise of due diligence prior to the New Jersey discovery end date. In the absence of said certification, the late amendment shall be disregarded by the New Jersey court and adverse New Jersey plaintiffs or New Jersey defendants. Any challenge to the certification of due diligence will be deemed waived unless brought by way of motion on notice filed and served within 20 days after service of the amendment. Objections made thereafter shall not be entertained by the New Jersey court. All amendments to answers to interrogatories shall be binding on the New Jersey plaintiff or New Jersey defendant submitting them. A New Jersey certification of the amendments shall be furnished promptly to any other New Jersey plaintiff or New Jersey defendant so requesting.

MAKE SURE YOU GET AND SERVE YOUR NEW JERSEY EXPERT REPORTS IN ENOUGH TIME BEFORE THE NEW JERSEY TRIAL
Normally, you cannot wait until the last minute to get and serve your New Jersey opponent your New Jersey expert report. The time in which to secure New Jersey experts is limited – it is called the New Jersey case “discovery period”.

MAKE SURE YOU SUBPOENA YOUR NEW JERSEY EXPERT WITNESS TO SHOW UP AT YOUR NEW JERSEY COURT TRIAL
If you have any witnesses that you need to testify for you at the New Jersey Court trial, then in advance of the New Jersey Court trial and as required by Court rules, laws and published cases, you must prepare a written subpoena (or subpoenas if the New Jersey Court case is adjourned). Such a New Jersey subpoena must normally be personally served by a process server rather than by mail. If you want to force one of the New Jersey Plaintiffs or New Jersey defendants to the New Jersey Court case to testify as part of your New Jersey Court case, since they might not show up at the New Jersey Court trial (it is possible that only their attorney will show up), you should serve them with a New Jersey notice in lieu of subpoena. If you think that you could have problems getting someone to show up to provide testimony at the New Jersey Court trial, you should have a process server serve them with a New Jersey subpoena or if they are a New Jersey Plaintiff or New Jersey defendant to the New Jersey dispute, a New Jersey notice in lieu of subpoena. Without witnesses to testify at the New Jersey Court trial (especially New Jersey experts, discussed above), you may lose your New Jersey Court case.

MAKE SURE YOUR NEW JERSEY EXPERT IS PAID BEFORE YOUR NEW JERSEY TRIAL!
If New Jersey experts require a New Jersey expert witness fee to testify at your New Jersey trial, the New Jersey experts should be paid. Otherwise, the New Jersey expert may not show up or be required to testify at the New Jersey trial!!

NEED HELP WITH YOUR NEW JERSEY CASE?
Handling your New Jersey case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey lawyer!
Let the Law Office of Paul DePetris help you with your New Jersey case. Not all New Jersey cases require you to pay expensive legal fees to get legal help.

WHY SHOULD NEW JERSEY PRO SE PLAINTIFFS AND NEW JERSEY PRO SE DEFENDANTS SEEK HELP FROM A NEW JERSEY LAWYER?
Handling your New Jersey case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey lawyer!
Many New Jersey pro se plaintiffs and New Jersey pro se defendants make the mistake of not consulting a New Jersey lawyer before filing New Jersey Court papers only to later learn that the New Jersey pro se plaintiffs and New Jersey pro se defendants made serious mistakes that could cause them to lose their New Jersey case. Let the Law Office of Paul DePetris help you with your New Jersey case.

CAN I RELY ON NEW JERSEY COURT PERSONNEL FOR LEGAL ADVICE?
New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees. Most New Jersey Court employees are not trained New Jersey attorneys and therefore, they may not know what advice to give you. Working at the New Jersey Court as a non-judge is not the same as practicing law.

CAN I RELY ON NEW JERSEY COURT FORMS PROVIDED BY THE NEW JERSEY COURT?
The New Jersey Court usually provides certain types of New Jersey Court legal forms to the public and those forms are often very helpful. However, beware relying on New Jersey Court forms provided by the New Jersey Court – the New Jersey Court forms are often deceptively simple, while New Jersey cases often are much more complex than they first appear to be. There is simply no substitute for a competent New Jersey attorney licensed to practice law in New Jersey who has experience handling New Jersey cases. New Jersey Court forms don’t talk and New Jersey Court forms and their directions rarely, if ever, cover every possible situation, set of facts or legal issue that may arise in a New Jersey case. Each New Jersey case has its own particular legal issues and therefore, its own challenges. If you can afford a competent New Jersey attorney, it is best to have the New Jersey attorney prepare your New Jersey Court paperwork for you.

CAN I HANDLE A NEW JERSEY CASE MYSELF?
Many New Jersey pro se plaintiffs and New Jersey pro se defendants can and do successfully handle New Jersey cases, from filing the first paperwork to the collection of a New Jersey Court judgment. However, many other New Jersey pro se plaintiffs and New Jersey pro se defendants also make mistakes that lead to the dismissal of their New Jersey cases or that result in the entry of a New Jersey Court money judgment against them. The greater the money at stake, the greater the reason to consider using the services of a competent attorney licensed to practice law in New Jersey to handle part or all of the New Jersey case. The following are reasons to use an attorney to handle part or all of your New Jersey case:
• New Jersey Court fees often change
• New Jersey Court rules often change
• New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees
• New Jersey Court forms available on websites may not cover every situation you may face in Court
• each New Jersey case has its own particular legal issues and therefore, its own challenges
• it is very common for New Jersey pro se plaintiffs and New Jersey pro se defendants to file inadequate or incorrect New Jersey Court complaints that result in the New Jersey Court complaints or answers to New Jersey Court complaints being rejected by the New Jersey Court or being dismissed by the New Jersey Court after filing and before or after trial because of procedural deficiencies.
• it is not uncommon for judges to get very frustrated by an unrepresented party’s lack of preparation or ignorance of the facts or law of the New Jersey case.
• a Court has the power to punish unprepared New Jersey plaintiffs and New Jersey defendants, such as by throwing their New Jersey case out of Court or limiting what they can present at the New Jersey Court trial.
• New Jersey has many published cases, laws, regulations, Court rules and rules of evidence that can be very tricky to understand and that can be used to prevent you from doing much of what you want to do at the New Jersey Court trial.
• it is very common for Courts to refuse to allow a party to use or refer to documents or items at the New Jersey Court trial that the person themselves never prepared. Often New Jersey plaintiffs and New Jersey defendants stumble into New Jersey Court with a video, photograph, bill or affidavit or other form of written statement, thinking they are going to use it as proof that they lost money or that they are not responsible for someone else’s damages, only to have a New Jersey Court judge tell the New Jersey plaintiffs and New Jersey defendants that it is not going to even consider such items or documents.
• without the proper preparation, items and documents may never be considered by the New Jersey Court. Also, if there are any legal issues to be dealt with at the New Jersey Court trial, you must be prepared to argue them, which may require you to refer to Court rules, evidence rules, laws, regulations or published cases.
• you cannot show up at the New Jersey Court expecting the judge hearing your New Jersey case to explain Court rules, evidence rules, Court procedure or the details of the law that applies to your New Jersey case. The judge hearing your New Jersey case is not permitted to give you legal advice.

It is important to remember that even if you have an attorney, you could lose your New Jersey case. Hiring an attorney to handle part or all of your New Jersey case does not guarantee your success. However, it may provide what is needed to win your New Jersey case or to avoid certain mistakes.

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING NEW JERSEY CASES?
Yes. Paul DePetris has performed the following tasks:
• handled New Jersey cases for plaintiffs and defendants across New Jersey, from Bergen County New Jersey to Cumberland County New Jersey, including representations of individuals, small businesses and large corporations.
• settled New Jersey cases for plaintiffs and defendants across New Jersey.
• reviewed many New Jersey Court settlement agreements.
• enforced many New Jersey Court settlement agreements.
• provided New Jersey pro se plaintiffs and New Jersey pro se defendants with New Jersey Court legal advice and prepared New Jersey Court legal forms
• prepared and filed many New Jersey Court complaints
• tried New Jersey Court jury trials
• mediated many New Jersey cases
• argued New Jersey Court motions
• handled New Jersey Court proof hearings
• handled New Jersey Court post judgment collection proceedings

Mr. DePetris has appeared before the Superior Court of New Jersey in the following counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

IN WHAT NEW JERSEY COUNTIES WILL THE LAW OFFICE OF PAUL DEPETRIS HANDLE NEW JERSEY CASES?
The Law Office of Paul DePetris offers to handle and help individuals and businesses with New Jersey Court Claims cases in North, Central and Southern New Jersey, including cases in the following New Jersey counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

WHAT IF I DON’T HAVE ENOUGH MONEY TO HIRE AN ATTORNEY TO HANDLE MY NEW JERSEY CASE FROM BEGINNING TO END?
In many situations, the Law Office of Paul DePetris offers alternatives to handling New Jersey cases for an hourly fee, such as by offering to handle your New Jersey case up to trial for a fixed fee or to help you handle your New Jersey case by yourself. Such flexible methods may allow you to keep the amount legal fees you spend on your New Jersey case to a fixed sum, while providing you the help you need to handle your New Jersey case. For a no obligation phone consultation about what the Firm might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris. 
 

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