As with other aspects of pre-trial discovery, a mental or physical examination may be requested by either party in a legal case if the examination is thought to provide evidence relevant to the case. The examination must be made by a licensed medical examiner. The court may examine the credentials of the examiner to make sure that the invasion of privacy of the person being examined is justified. The examination must be made for good cause and only when the mental and physical condition of the person concerned is “in controversy” meaning that the condition is important in determining the outcome of an impending trial. Any request for a medical examination must specify the time and place as well as the exact scope of the examination and the examiner who is chosen to perform the examination.
The examination should result in a report that sets out the examiner’s findings, which include any diagnosis, conclusions and any test results if tests have been taken. The examination is also to include blood tests where these are relevant to the condition of the person being examined.
When the report of the medical examination has been produced and provided to the party that requested it, it must also be provided to the opposing party if so required.