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Motion For Physical Examination

This document is a motion filed by the defendant requesting that the plaintiff submit to a physical examination. It argues that the plaintiff's physical condition is central to the civil negligence lawsuit as she alleges suffering personal injuries from the incident in question. While the defendant has denied the full extent of the injuries, a medical examination of the plaintiff's current condition is important for preparing their defense. The motion details prior unsuccessful informal attempts to schedule the examination and asks the court to order the plaintiff to attend an examination on a specified date and time or face sanctions.

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650 views2 pages

Motion For Physical Examination

This document is a motion filed by the defendant requesting that the plaintiff submit to a physical examination. It argues that the plaintiff's physical condition is central to the civil negligence lawsuit as she alleges suffering personal injuries from the incident in question. While the defendant has denied the full extent of the injuries, a medical examination of the plaintiff's current condition is important for preparing their defense. The motion details prior unsuccessful informal attempts to schedule the examination and asks the court to order the plaintiff to attend an examination on a specified date and time or face sanctions.

Uploaded by

Awe Somontina
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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Exhibit 15.

1 Motion for physical examination

UNITED STATES DISTRICT COURT - ____________ DISTRICT OF _____________

_______________________, :
Plaintiff DEFENDANT LOWER COUNCIL
: SCHOOL DISTRICT MOTION
v. FOR PHYSICAL EXAMINATION
:
________________________ CIVIL ACTION - NEGLIGENCE
Defendant : Attorney ID No. 123456

Defendant, ____________________, pursuant to Fed. R. Civ. P. 35, moves this


Court to order plaintiff, _________, to submit to a physical examination and avers the
following in support of its motion:

1. Fed. R. Civ. P. 35 provides, in pertinent part, that whenever the physical or mental
condition of a party is in controversy, the court may order a physical or mental
examination of that party by a physician on motion for good cause shown.

2. Plaintiff alleges in her complaint that she suffered personal injuries in the incident
giving rise to the underlying civil action, including but not limited to those set forth in
Exhibit A.

3. Plaintiff’s Answers to Interrogatories detail alleged injuries and resultant


permanent damages. See is particular Plaintiff’s response to Interrogatories 3 through 7,
copies of which are attached as Exhibit B.

4. Defendant has denied that Plaintiff was so injured as a result of the alleged
incident.

5. In view of the above, it is clear that Plaintiff’s physical condition is in controversy


in this action and a physical examination of Plaintiff’s present condition is relevant and
essential for Defendant to properly prepare a defense of the underlying civil action.

6. Defendant desires to have Plaintiff examined by Dr.___________________, a


plastic surgeon specializing in the area of facial lacerations and the impact of infection on
healing and scarring of facial lacerations.

7. Defendant has, through counsel, requested informally to have the Plaintiff


examined. Efforts to conduct a physical examination by agreement have included seven
phone calls and three letters over a period of six months. Copies of the letters are
attached as Exhibit C.
WHEREFORE, Defendant respectfully requests this Honorable court enter an order
directing the Plaintiff to attend and undergo a physical examination by Dr. Moritz at his
offices on November 26, 2011 at 8:00 a.m. for the purposes of inquiring into the
Plaintiff’s alleged physical condition and injuries suffered or suffer sanctions upon
further order of this court.

Respectfully submitted,

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