Lawyers such as myself can only answer these questions in general terms. From this limit post, nothing appears untoward. Suggest you simply ask your lawyer for a status update.
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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.
Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.
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.
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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.
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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.
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I agree with the prior responders with an addition. You should schedule an appointment with your current attorney to go over the case and where it is going. Ask to see a copy of the preliminary conference order and compliance conference order if any. Good luck.
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This is something which requires a thorough review of your file. If you are not happy with your current attorney you can switch at any time without any added cost to you. I am available for a free consultation if you would like to review your options.