Once a notice for exam has been issued pursuant to Rule 4:19-1, the receiving party must, within fourteen (14) days, inform the party serving notice of any intent to utilize a third-party observer or to record the examination, set forth the identity and address of the third-party observer, advise if the third-party observer will serve as an expert or fact witness, provide the third-party observer’s curriculum vitae if that person is an expert witness, and, if any recording will be taken, state the method of recording. If the party seeking the exam objects, the parties shall confer orally and if they cannot come to an agreement, the party seeking the exam may move for a protective order under Rule 4:10-3.
Rule 4:19-2.Observation and Recording of Physical and Mental Examination of Persons
Last amended September 1, 2024 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:19-2 requires the party to be examined, within 14 days of a Rule 4:19-1 exam notice, to disclose any intent to use a third-party observer or to record the examination, including the observer's identity and role, with disputes resolved by protective-order motion.
Full Text of Rule 4:19-2
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
New Rule 4:19-2 adopted July 15, 2024 to become effective September 1, 2024.
Plain-English Summary
New Jersey now regulates who watches and records a court-ordered examination. Within 14 days after a notice for examination is served under Rule 4:19-1, the party to be examined must tell the party seeking the exam whether it intends to use a third-party observer or to record the examination.
The disclosure is specific. It must give the observer’s identity and address, state whether the observer will serve as an expert or fact witness (with a curriculum vitae if an expert), and state the method of any recording. If the examining party objects, the parties confer, and failing agreement, the party seeking the exam may move for a protective order under Rule 4:10-3.
Frequently Asked Questions
Can someone observe or record a defense medical exam in New Jersey?
Possibly. The examined party must, within 14 days of the exam notice, disclose any intent to use a third-party observer or to record the examination and identify the observer. Disputes are resolved by a protective-order motion under Rule 4:10-3.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:19-2). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: third-party observerrecording of examinationobservation of medical exam