LCBF is successful on an interlocutory appeal overturning a discovery order denying defendant the opportunity to depose minor plaintiff.

On April 21, 2023, the New Jersey Appellate Division issued a ruling on an interlocutory appeal of a trial court discovery order precluding the defendants’ deposition of a minor plaintiff. The successful ruling followed the Supreme Court of New Jersey’s order granting our motion for leave to appeal the interlocutory discovery order (a rare event in a civil case). LCBF represents a transportation defendant in the case, where the plaintiff alleges abuse at a summer camp. Despite seeking money damages for the alleged incident, the plaintiff’s mother refused to allow the minor plaintiff to be deposed. The trial court ruled in favor of the minor plaintiff on the basis that: (1) he allegedly had no recollection of the incident; (2) his treating doctor claimed a deposition would exacerbate his anxiety; and (3) the defendants could obtain any information needed from the minor plaintiff through an independent medical examination by the defense neuropsychologist.

The Appellate Division denied our motion for leave to appeal the discovery orders Undaunted and convinced they had a meritorious interlocutory appeal, the LCBF team filed a motion with the Supreme Court of New Jersey for leave to appeal. The Supreme Court granted our motion and remanded the case to the Appellate Division to hear our appeal.

In a comprehensive opinion emphasizing the importance of broad discovery, the Appellate Division concluded that the trial court abused its discretion and reversed the order below. The Appellate Division stated that the minor plaintiff can be deposed and testify at trial subject to “such conditions as are appropriate to balance the public policy goal of treating child victims and witnesses with the sensitivity and understanding they rightly deserve while, at the same time, affording defendants in a civil case the opportunity to appropriately question a witness.”

The appeal team was headed by Gerald Ford and Preeya Varma.