Which discovery device is associated with the rule that a court can force an exam if the matter is in controversy?

Which discovery device is associated with the rule that a court can force an exam if the matter is in controversy?

• A. Discovery Depositions
• B. Discovery Requests for Admission
• C. Discovery Physical/ Mental Exam
• D. Discovery Interrogatories

Answer: (D)

The idea being tested is that when a party’s physical or mental condition is at issue in a case, the court can compel a medical examination. This is done through the Discovery Physical/ Mental Exam, typically under Rule 35. The court may order the exam if the condition is genuinely in dispute and the examination is reasonably necessary to resolve the matter, with appropriate privacy protections in place. Other discovery tools serve different purposes: depositions capture live oral testimony, requests for admission seek to prove or deny specific facts, and interrogatories are written questions to be answered under oath. None of these force a medical or psychological examination, so the option describing a physical/mental exam is the correct fit for this rule.

The idea being tested is that when a party’s physical or mental condition is at issue in a case, the court can compel a medical examination. This is done through the Discovery Physical/ Mental Exam, typically under Rule 35. The court may order the exam if the condition is genuinely in dispute and the examination is reasonably necessary to resolve the matter, with appropriate privacy protections in place.

Other discovery tools serve different purposes: depositions capture live oral testimony, requests for admission seek to prove or deny specific facts, and interrogatories are written questions to be answered under oath. None of these force a medical or psychological examination, so the option describing a physical/mental exam is the correct fit for this rule.