The New Jersey Supreme Court affirmed the core holdings of an Appellate Division decision as to who may attend a defense medical examination and whether it may be recorded, but the high court declined to place the burden on the plaintiff to show special reasons as to why third-party observation or recording should be permitted in each case.

The underlying cases were three personal injury actions, consolidated by the Appellate Division, which all required the plaintiffs to submit a defense medical examination. In two cases, the DME’s were neuropsychological exams and the third required an orthopedic exam. All three plaintiffs had cognitive limitations, psychological impairments or language barriers and sought to have the examinations recorded or to be accompanied by a third-party observer, according to the June 15 opinion.