Rule 35-Mental/Physical examinations Flashcards
0
Q
What do you show in motion?
A
Must show mental or physical condition is in controversy AND there is good cause for the examination.
1
Q
What do you if a party of discovery & want examined?
A
FILE A MOTION
2
Q
If named party is a company and you want driver examined, is it allowable?
A
No. Can’t have driver submit to phys exam.
Could:
-try to schedule a depo and just ask him there. If he’s not a party he will not likely have a lawyer.
-and/or try to discredit person on the stand.
