When a party’s mental or physical condition is in controversy in a lawsuit, the Court may order the party to undergo a mental or physical examination by a professional. This discovery device is only used when a party’s mental or physical condition is at issue and must not be used to harass or embarrass the opposing party. For example, if a plaintiff claims to have suffered permanent physical injuries following a motor vehicle accident, the defendant may seek to have an independent physician to conduct a physical examination of the plaintiff.
As this discovery device is not used as commonly as others, so review Maryland Rule 2-423 carefully before making this request.
To request a mental or physical examination, you must ask the Court (i.e., make a motion to the Court) and demonstrate good cause for your request. Proper notice must be provided to the person to be examined as well as the parties to the case. If the Court agrees that an examination is appropriate, the Court will enter an order permitting the examination.
The Court order will include:
- a suitable time and place for conducting the examination;
- the scope of the examinations; and
- the person(s) who will conduct the examination.
The Court order may also:
- regulate the filing and distribution of a report of findings and conclusions and the testimony at trial by the examiner;
- address the payment of expenses; and
- address any other relevant matters.
Read the Rule: Md. Rule 2-423
Discovery in the Circuit Court from the Maryland Courts