Published in New Jersey Corporate Counsel's Newsletter, December 2014 Issue
Those who frequently litigate are aware that the discovery process often involves numerous components, including interrogatories, document demands, subpoenas, depositions, and requests for admissions. In addition to these traditional tools, New Jersey offers an additional discovery mechanism that is often overlooked: the Open Public Records Act (“OPRA”), N.J.S.A. 47:1A-1, et seq. When a dispute involves a public agency, public property, or public resources, OPRA can be an important ...
When a dispute involves a public agency, public property, or public resources, the Open Public Records Act (OPRA) can be an important information gathering tool, whether a lawsuit has already been filed or a party is simply gathering facts necessary to draft the complaint and initiate the litigation. Thus, OPRA is frequently used as a litigation tool by those who do business with public agencies or those who purchase or lease public property, such as construction companies and real estate developers.
Our courts have found that it is perfectly acceptable to use OPRA in lieu of written ...