Just over one year ago, after the trial courts, in three cases consolidated on appeal, denied plaintiffs' requests to have a third party accompany them during a defense medical examination (DME), the Appellate Division set forth six guidelines for third parties attending and recording DMEs. Difiore v. Pezic, 472 N.J. Super. 100 (App. Div. 2022).

Specifically, Judge Jack Sabatino provided that:

1. There is no absolute prohibition or entitlement to a DME; each request must be decided on a case-by-case basis.
2. Plaintiff has the burden to justify that a third party's presence or recording is appropriate.
3. Any recording may be done via a fixed camera, which includes a cellphone on a tripod.
4. Any information obtained can be used only for the purpose of the case and not otherwise disclosed.
5. Any third party observer cannot interfere with the examination.
6. If an interpreter is needed, the interpreter must be neutral.

For an analysis of that court's significant decision, see this author's discussion in the New Jersey Law Journal article, "Court Sets Guidelines for Third Parties Attending and Recording Defense Medical Exams," 228 N.J.L.J. 1679 (July 4, 2022, issue).