NJSBA Family Law Section

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  • 1.  Death Certificate / Autopsy report

    Posted 09-24-2013 08:46 PM
    Does anyone know if death certificates and/or autopsy reports are public records.  I have a client whose children want to obtain them for their deceased father.

    thanks-
    Sandy

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    T. Sandberg Durst Esq.
    Princeton NJ
    (609)436-9079

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  • 2.  RE:Death Certificate / Autopsy report

    Posted 09-24-2013 09:23 PM
    Sandy - Immediate family members can obtain death certificates from NJ Vital Statistics with proof of relationship. You can order them on line at www.state.nj.us/health/vital/. I don't know about autopsy reports.
    - Megan

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    C. Megan Oltman Esq.
    Princeton NJ
    (609)947-0784

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    Original Message


  • 3.  RE:Death Certificate / Autopsy report

    Posted 09-25-2013 10:02 AM
    On-point Rule is actually NJRE 803(c) (9) on the death certificate (Records of Vital Statistics). I would prefer to use NJRE 803(c) (6) for the coroner report (Records of regularly conducted activity). I am away from any reference sources right now, but there are some nice cases explaining that in many cases (police reports, in particular) there is no longer any distinction in terms of application between (6) and (8). I like (6) for the coroner cases because it specifically references opinions or diagnoses (providing compliance with 808), and there is no notice requirement (807). The only minor drawback of using (6) is that it doesn't self-authenticate.

    Hope this helps.

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    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Brielle NJ
    (732)603-8585

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    Original Message


  • 4.  RE:Death Certificate / Autopsy report

    Posted 09-27-2013 09:22 PM
    If you attempt to obtain an autopsy report under O.P.R.A. (NJSA 47:1A-1.1)  your request will probably be denied.  However; under NJAC 13:49-3.1 the release of an autopsy report is permitted for certain categories of requestors.  Family members would be one category who would be permitted access. If the death is "under investigation" or otherwise suspicious, then even a family member would be denied until such time that the release would not jeopardize the investigation.  Lastly, if all else fails, you make seek release by court order.

    Hope this helps.

    MARC

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    Marc Schwartzbach Esq.
    Westfield NJ
    (908)654-6675

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    Original Message