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Rule 28: Physical and Mental Examination of Persons

This document discusses Rule 28 of physical and mental examination of persons. The rule has a narrow application for examining persons whose mental or physical condition is in controversy in a case. An examination can only be ordered by the court upon a party's motion and with notice to the other party, and any order must specify the time, place, manner, and scope of the examination.

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Paolo Bañadera
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50 views1 page

Rule 28: Physical and Mental Examination of Persons

This document discusses Rule 28 of physical and mental examination of persons. The rule has a narrow application for examining persons whose mental or physical condition is in controversy in a case. An examination can only be ordered by the court upon a party's motion and with notice to the other party, and any order must specify the time, place, manner, and scope of the examination.

Uploaded by

Paolo Bañadera
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Rule 28: Physical and Mental Examination of Persons

● The last of the modes of discovery. Remember: Rule 29 is not a mode of discovery!
● This rule has a very narrow application, like deposition and request for admission, which
refers to material or relevant fact (example: the production of relevant books, papers,
documents, and other tangible things.) But here, the subject of examination are persons,
whose mental or physical condition is in controversy.
○ An action of this type is guardianship of a ward whose mental condition is in
controversy.
○ This is however not application to an action for the recovery of the sum of money
or the breach of a contract (such as for the construction of a building).
● Again, note, it is only upon motion and you can clearly find that in Section 2. It is only
upon motion of a party for good cause, with notice to the other party.
● Determination of the same, as found under Section 1, must be left to the discretion of the
court.
● In that order for examination of the person whose physical or mental condition is in
question, it should specify, indicating (1) the time, (2) the place, (3) the manner, and (4)
the scope of the examination.

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