I went for the deposition in 8/12. What is the next step? I feel like I should be at the end but my lawyer is not giving me specific answers.
Unfortunately the defense does not always follow Court Orders. They usually have no more than 45 days following the exam to provide it, sometimes less. Your lawyer is probably kicking and screaming for them to give it to him. However, don't be so hung up on the report. It isalmost certainly against you as they paid for the doctor. The delay by the defense on this report is not likely delaying your case.
The time to exchange an IME report should be set forth in the Preliminary Conference Order for your case, and perhaps in a subsequent Compliance Conference Order. Ask tour lawyer. There are time requirements for expert disclosure, but the dates are not set in stone and can be, in some case, exchanged at trial or even mid-trial. If your deposition was only in August and the case is proceeding to trial, it could take a bit more time depending upon the Court backlog in the County where your case is venued. However, before the case can even get on the trial calender, your attorney must file a Note of Issue and Certificate of Readiness which indicates that all discovery is complete and the case is trial ready. Your lawyer would know best.
Since the IME didn't take place until mid November, it's production isn't terribly untimely. It's not unheard of that examining physicians take their sweet time producing these reports, and can take 2-3 months to produce, especially if defendant's counsel has seen an advance copy of it and has suggested or requested certain language be added/changed.
You raise three different issues:
3. Where in the legal process are you? Based on this information, your lawyer has filed a lawsuit and it has moved to the Discovery phase, which involves the exchange of documents and conducting depositions. After your deposition, the defense has a right to request that you undergo a defendant’s medical exam (DME). After that, your lawyer should be able to file a Note of Issue to put the case on the trial calendar.
2. How long does the defense have to produce a transcript of your deposition? Court rules in New York say the defense must produce the transcript within 45 days. It usually comes earlier. Your lawyer should then ask you to review the transcript for any errors. You have 60 days from the day of receipt of the transcript to notify the defense of any errors in the transcript.
3. How long does the defense have to produce a report following a DME? Court rules in New York say the defense must produce the DME report within 45 days.
I suggest that you set up a meeting or conference call with your attorney for an update on your case and to lay out expectations on communications. I will provide some links (see below in blue) with more information on these topics.
I hope this information helps.
Get free answers from experienced attorneys.
21,324 answers this week
2,421 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary