Evidence and Discovery Practice
Evidence and discovery questions test the New Jersey Rules of Evidence and the discovery rules that generate admissible proof. Paralegals often manage the documents and deadlines that decide these issues.
Evidence basics
Relevance under N.J.R.E. 401 and 402 is the threshold. Hearsay is an out-of-court statement offered to prove the truth of the matter asserted, and it is inadmissible unless an exception applies under N.J.R.E. 803. Authentication under N.J.R.E. 901 requires evidence sufficient to support a finding that the item is what the proponent claims. N.J.R.E. 403 permits exclusion for unfair prejudice, confusion, or waste of time. Expert testimony is governed by N.J.R.E. 702 and 703.
Discovery tools
Interrogatories under R. 4:17, depositions under R. 4:14, requests for production under R. 4:18, requests for admission under R. 4:22, and expert discovery under R. 4:10-2(d). Privileged material may be withheld but must be logged. Sanctions for noncompliance appear in R. 4:23-2 and can include exclusion of evidence or dismissal.
Worked example
A plaintiff serves interrogatories and the defendant answers, 'Objection; vague,' without any information. The objection is boilerplate and likely improper. The plaintiff may move to compel and seek sanctions. A privilege log is required if documents are withheld as privileged.
Traps
Missing the discovery end date. Serving late expert reports without leave. Boilerplate objections without specificity. Producing documents without a privilege log. Treating discovery responses as evidence at trial without authenticating them.