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Rule 168. Physical and Mental Examination of Persons


In an action in which the mental or physical condition of a party is in controversy, the court in which the action is pending shall, on request as herein provided, order him to submit to one physical or mental examination by such physician or physicians as shall be deemed necessary to completely examine such party, provided that on trial, if two or more of the physicians designated to make the examination shall testify, the testimony shall be limited to different aspects of the examination and shall not be merely cumulative. After such examination, the court may, in its discretion, order him to submit to an additional physical or mental examination or examinations upon any material amendment of the claim or any material change in the condition of such party. The order 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. If requested by the person examined, the party causing the examination to be made shall deliver to him a copy of a detailed written report of the examining physician setting out his findings and conclusions.

Source: Federal Rule 35.

Change: The rule gives the opponent a right to one physical examination, and places within the discretion of the court the allowance of further examinations. Provision for compulsory exchange of medical reports has been omitted.

Oct. 29, 1940, eff. Sept. 1, 1941.

Repealed by order of March 31, 1941, eff. Sept. 20, 1941.