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All Defendants are required to agree to all of the following before a defense vehicle inspection will be scheduled.
- The defense must comply with the consumer’s discovery requests before the defense inspection will be scheduled;
- The defense inspection will be scheduled after the consumer’s expert inspection has been completed;
- The consumer’s attorney or law firm representative will be present during the entire inspection; nothing happens outside of our presence;
- Any attorney or law firm representative may videotape the process and the videotape is treated as work product; any portion of any videotape that the recorder wishes to use in evidence must be provided to opposing counsel no less than 30 days prior to any non-work product use;
- The consumer will be allowed to attend but will not participate in the inspection and will not answer any direct questioning from anyone;
- The consumer’s attorney must be given a business card or other identification for every person participating in the inspection;
- The defense must provide a copy of any evidence generated by the inspection, such as photographs or diagnostic printouts, at the time of the inspection;
- The vehicle must never stay out overnight at any inspection facility;
- The inspection must take place at the selling or repairing dealership, and the consumer’s attorney must be allowed to examine the originals of the dealer’s sales and repair files at the same time;
- The consumer’s attorney, or any representative from the attorney office, will not be called as a witness by the defense at trial; and
- The defense must provide the consumer’s attorney a written expert report within 30 days of completing the inspection, along with a copy of all photographs taken during the inspection and the expert’s file contents.
List complied by NACA Member & 2012 Auto-Fraud Conference Chair, Ronald Burdge of Burdge Law Office Co LPA.