Wednesday, November 4, 2009

TYPES OF DISCOVERY - REQUESTS FOR PHYSICAL AND MENTAL EXAMINATION

TYPES OF DISCOVERY - REQUESTS FOR PHYSICAL AND MENTAL EXAMINATION

When the mental or physical condition of a party is at issue, the court may order the party to submit to a physical or mental examination by a licensed physician or certified examiner. Unlike all other forms of discovery, this can only be achieved through court order and the party making the discovery motion must show good cause for its application. Moreover, the physical or mental condition of the party must be in controversy; it is not enough that the examination would somehow be relevant.


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