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NJ Supreme Court Puts the Kaibash on Document Dumping in Pretrial Discovery


In the context of a medical malpractice suit, the NJ Supreme Court recently held that it is not permissible to answer a specific written interrogatory question in pretrial discovery by burying the information in a document dump without citing to the specific documents that are responsive to the question.  Brugaletta v. Garcia, _ N.J. _ (July 25, 2018).

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New Jersey trial courts have the authority under Rule 4:17-4(d) to compel a party producing documentary records to provide, with the records, a narrative that specifies where responsive information may be found.

In this particular case, the NJ Supreme Court held that the medical malpractice plaintiff was entitled to be informed of an adverse incident related to her care in defendant’s response to pretrial discovery demands because such an incident was memorialized by various notations in her medical records.  However, the defendants did not inform her of it and, notwithstanding her specific interrogatory question tailored to that request, received no specification or narrative to accompany almost 4500 pages of medical records that would lead her to the discrete yet interconnected notations of the incident that appear on 9 pages of that record.

A proper and complete response to the plaintiff’s interrogatory question requires the defendants to provide a narrative to accompany their document production, the NJ Supreme Court held.

This is an important decision that should bring an end to the proverbial “document dump”, where in document intensive cases instead of a litigant answering a question by referring to specific documents the adversary lawyer gives a generalized response that says, e.g., “See documents identified as Bates 0001 to 4900.”  The expression of “looking for a needle in a haystack” could not be a more relevant analogy.


Admitted to NJ Bar in 1990, NY Bar in 1991. Former Judicial Law Clerk to Honorable Peter Ciolino, Assignment Judge, Superior Court of New Jersey, Bergen County. Member & Barrister: Daniel J. Moore Bankruptcy Inn of Court Member & Barrister: Morris Pashman Inn of Court Member: Bergen County Bar Association NJ Superlawyer - 2008, 2009, 2010, 2011, 2012, 2013 Nominated for inclusion in Best Lawyers of America Member: Litigation Counsel of America, Trial Lawyer Honorary Society
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