Motion Picture Evidence In a Personal Injury Action
Justice Clifford said in Jenkins v. Rainner, 69 N.J. 50, 350 A.2d 473 (1976), when discussing the discoverability of motion picture films taken of plaintiff by defendant in a personal injury action:
Our court system has long been committed to the view that essential justice is better achieved when there has been full disclosure so that the parties are conversant with all the available facts. See, e.g., In re Selser, 15 N.J. 393, 405, 105 A.2d 395 (1954).
Twenty-five years ago Chief Justice Vanderbilt pointed out:
Our Rules for discovery . . . are designed to insure that the outcome of litigation in this State shall depend on the merits in the light of all of the available facts, rather than on the craftiness of the parties or the guile of their counsel. Lang v. Morgan's Home Equip. Corp., 6 N.J. 333, 338, 78 A.2d 705 (1951).
This policy is in keeping with the modern trend which recognizes "the need to make available to each party the widest possible sources of proof as early as may be so as to avoid surprise and facilitate preparation." McCormick, op. ct. supra, 96 at 202. (Id. at 56-57, 350 A.2d 473).