Civil Procedure Multistate Bar Practice Exam

What is required for a court to compel someone to submit to a medical exam?

1. The agreement of both parties

2. A formal request from the judge

3. A court order showing good cause

4. Proof of expert witnesses

The correct answer is: A court order showing good cause

For a court to compel someone to submit to a medical examination, it is necessary to demonstrate good cause, which is typically established through a court order. This requirement stems from the need to protect individuals' rights and privacy, as a medical exam can be invasive. A party seeking to compel the examination must show that the mental or physical condition of the party to be examined is genuinely at issue in the case. Good cause ensures that the demand for the examination is not arbitrary or unjustified. While the agreement of both parties might streamline the process, it is not mandated for a court to compel someone to undergo an exam. A mere request from the judge without the appropriate showing of good cause would also be insufficient. Lastly, proof of expert witnesses may support a motion to compel but is not a primary requirement for the court's authority to order a medical exam. The emphasis is always on the court order backed by a finding of good cause, which serves as a protective mechanism in the legal process.