Personal injury

February 10, 2015

Question

Can the defense schedule the ime at any time in a lawsuit and can a defendant wait until the pretrial conference to request one

Answer

Sometimes it's waived. If a client was never examined by a defense expert and they're asking for one at the pre-trial conference, arguably they've lost their right to it after the Note of Issue has been filed and they failed to move to vacate it. Some judges are more strict about this rule than others.

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