Civil Procedure: Rule 28 Physical and Mental Examination of Persons

Section 1.  When examination may be ordered. – In an action on which the mental or physical condition of a party is ain controversy, the court in which the acito is pending may in its discretion order him to submit to a physical or mental examination by a physician.

 

Section 2.  Oder for examination. – The orer 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 esmination and the person or persons by whom it is to be made.

 

Section 3.  Report of findings. – If requested by the party examined, the party causeing the esamination to be madee 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 metnal 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 exlude his testimony if offered at the trial.

 

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 mental or physical examination.

 

Source:  University of the Philippines

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About Magz

First of all, I am not a lawyer. I'm a graduate of AB Political Science and went to the College of Law but stopped going to law school for some reasons. I'm a passionate teacher who has been teaching English to speakers of other languages and a person who likes writing and blogging. I lost some important files and software when my computer broke down so the reason I created this website is to preserve the notes, reviewers and digests I collected when I was at the law school and at the same time, I want to help out law students who do not have enough time to go and read books in the library.

Posted on December 18, 2011, in Civil Procedure and tagged . Bookmark the permalink. Leave a comment.

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