MBE Rules · Civil Procedure
Physical and Mental Examinations
FRCP 35
The rule
A court-ordered examination requires that a party's physical or mental condition be in controversy and good cause — the only discovery device requiring a motion and order.
In plain English
A court can order a party to undergo a physical or mental examination if that party's condition is relevant to the case and there is a valid reason for the examination. This is the only type of discovery that requires a formal motion and a court order to proceed.
Worked example
In a personal injury lawsuit, the defendant requests a court-ordered mental examination of the plaintiff, who claims emotional distress due to the accident. The court finds that the plaintiff's mental condition is indeed in controversy and grants the request. The plaintiff must undergo the examination as a result.
Memory hook
Exams need a motion and order; it's the only discovery with a court's stamp of approval!
The trap
Examiners may include fact patterns where a party's condition is mentioned but not in controversy, tricking students into thinking an examination is warranted. Watch for the requirement of good cause!
How examiners test it
This rule often appears in questions involving personal injury or emotional distress claims, focusing on whether the condition is truly in controversy and if good cause exists for the examination.
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