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GRAHAM v. GIELCHINSKY

126 N.J. 361 (1991)

599 A.2d 149

BERNARD GRAHAM AND CLARA GRAHAM, PLAINTIFFS-APPELLANTS, v. ISAAC GIELCHINSKY, M.D., DEFENDANT-RESPONDENT, AND NEWARK BETH ISRAEL MEDICAL CENTER, DEFENDANT.

The Supreme Court of New Jersey.

Decided December 11, 1991.

Attorney(s) appearing for the Case

Bryan D. Garruto argued the cause for appellants (Garruto, Galex & Cantor, attorneys).

Jeffrey W. Moryan argued the cause for respondent (Connell, Foley & Geiser, attorneys; Ernest W. Schoellkopff, on the brief).

The opinion of the Court was delivered by O'HERN, J.

This appeal concerns an apparent gap in our Rules of Civil Procedure dealing with the discovery and use of the opinion evidence of an expert consulted by an adversary. Absent exceptional circumstances, our Rules of Civil Procedure do not permit discovery of the names or opinions of experts that a party has consulted but does not intend to call at trial. See R. 4:10-2(d)(3). At the same time, however, the...

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