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Rule 28: Physical and Mental Examination of Persons

Rule 28 describes the procedures for ordering physical and mental examinations of parties when their mental or physical condition is at issue in a court case. It allows the court to order an examination upon motion and notice to the other parties. The order must specify the exam details. The party examined can request a copy of the examiner's report. Requesting the report waives privileges regarding testimony from other examiners for the same condition.

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Kareen Baucan
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158 views

Rule 28: Physical and Mental Examination of Persons

Rule 28 describes the procedures for ordering physical and mental examinations of parties when their mental or physical condition is at issue in a court case. It allows the court to order an examination upon motion and notice to the other parties. The order must specify the exam details. The party examined can request a copy of the examiner's report. Requesting the report waives privileges regarding testimony from other examiners for the same condition.

Uploaded by

Kareen Baucan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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RULE 28

P H Y S I C A L A N D M E N TA L E X A M I N AT I O N O F P E R S O N S
APPLICABILITY
• Section 1. When examination may be ordered. — In an
action in which the mental or physical condition of
a party is in controversy, the court in which the
action is pending may in its discretion order him to
submit to a physical or mental examination by a
physician.
PROCEDURE
• Section 2. Order for examination. — The order for
examination may be made only on motion for good
cause shown and upon notice to the party to be
examined and to all other parties, and shall specify the
time, place, manner, conditions and scope of the
examination and the person or persons by whom it is
to be made. (2)
• Section 3. Report of findings. — If requested by the party
examined, the party causing the examination to be made shall
deliver to him a copy of a detailed written report of the examining
physician setting out his findings and conclusions. After such
request and delivery, the party causing the examination to be made
shall be entitled upon request to receive from the party examined
a like report of any examination, previously or thereafter made, of
the same mental or physical condition. If the party examined
refuses to deliver such report, the court on motion and notice may
make an order requiring delivery on such terms as are just, and if a
physician fails or refuses to make such a report the court may
exclude his testimony if offered at the trial. (3a)
WAIVER OF PRIVILEGE
• Section 4. Waiver of privilege. — By requesting and obtaining
a report of the examination so ordered or by taking the
deposition of the examiner, the party examined waives any
privilege he may have in that action or any other involving
the same controversy, regarding the testimony of every
other person who has examined or may thereafter examine
him in respect of the same mental or physical examination.
(4)

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