Discovery mental and physical depositions

Question 1

What does FRCP 35 authorize when it comes to physical or mental examination?

Answer 1

absent consent of the parties, there must be a court order or stipulation for the mental examination or physical examination

Question 2

who are the witnesses that can sit fir examination?

Answer 2

they are those who are under custody or legal control of a party

Question 3

What are the showings needed for physical or mental examinations?

Answer 3

the condition of the party is in controversy and the food cause exists for the requested examination

the burden of this sits on the requesting party

whether the condition is in controversy depends on if the person alleging the condition has pleaded them in his complaint, or whether the movant has shown them to be in controversy.

movant can’t just make merely conclusory pleadings. movant has to make atlases show affidavit or other material that the condition is in controversy

the scope of the examination must fit the condition in controversy

Question 4

what are requests for admission? FRCP 36 and form 51

Answer 4

a party may serve another party a written request to admit, for dispose of the pending action only, the truth of any matters within the scope of rule 26 (b)(1)

facts, application of law to fact, or opinions about either; and

the genuineness of any described documents

purpose is to authenticate documents and narrow issues , establish key documents

once matter is admitted , the admission conclusively establishes the fact