*O4 Rule 28 (Codal) RULE 28 PHYSICAL AND MENTAL EXAMINATION OF PERSONS

Question 1

Section 1. When examination may be ordered.

Answer 1

*what: mental or physical condition of a party is in controversy
*the court in which the action is pending may in its discretion order him or her to submit to a physical or mental examination by a physician

L: 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 or her to submit to a physical or mental examination by a physician.

Question 2

Section 2. Order for examination.

Answer 2

*order for examination may be made only on motion for good cause shown
*notice to the party to be examined and to all other parties
*time, place, manner, conditions and scope of the examination and the person

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.

Question 3

Section 3. Report of findings.

Answer 3

*he party causing the examination to be made shall deliver to him or her a copy of a detailed written report
* 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
*f the party examined refuses to deliver such report

Section 3. Report of findings. -

If requested by the party examined, the party causing the examination to be made shall deliver to him or her a copy of a detailed written report of the examining physician setting out his or her 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 or her testimony if offered at the trial.

Question 4

Section 4. Waiver of privilege.

Answer 4

*By requesting and obtaining a report of the examination so ordered or by taking the deposition of the examiner
*party examined waives any privilege he or she may have in that action

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 or she 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 or her in respect of the same mental or physical examination.