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    Rule 28-Flowchart

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    Tam dela Torre
    This rule applies when a party's mental or physical condition is at issue in a case. A motion must be filed showing good cause for an examination of the party, with notice to the party to be examined and other parties. If the motion is granted, the court will issue an order specifying the time, place, manner, conditions and scope of the examination and the examining person or persons. The party causing the exam must provide a report of findings to the examined party upon request. Refusal to comply with an exam order allows the court to impose sanctions, including deeming certain facts established, prohibiting evidence, or dismissing the case.

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    Rule 28-Flowchart

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    Tam dela Torre
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    This rule applies when a party's mental or physical condition is at issue in a case. A motion must be filed showing good cause for an examination of the party, with notice to the party to be examined and other parties. If the motion is granted, the court will issue an order specifying the time, place, manner, conditions and scope of the examination and the examining person or persons. The party causing the exam must provide a report of findings to the examined party upon request. Refusal to comply with an exam order allows the court to impose sanctions, including deeming certain facts established, prohibiting evidence, or dismissing the case.

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    Rule 28-flowchart

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    This rule applies when a party's mental or physical condition is at issue in a case. A motion must be filed showing good cause for an examination of the party, with notice to the party to be examined and other parties. If the motion is granted, the court will issue an order specifying the time, place, manner, conditions and scope of the examination and the examining person or persons. The party causing the exam must provide a report of findings to the examined party upon request. Refusal to comply with an exam order allows the court to impose sanctions, including deeming certain facts established, prohibiting evidence, or dismissing the case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    35 views1 page

    Rule 28-Flowchart

    Uploaded by

    Tam dela Torre
    This rule applies when a party's mental or physical condition is at issue in a case. A motion must be filed showing good cause for an examination of the party, with notice to the party to be examined and other parties. If the motion is granted, the court will issue an order specifying the time, place, manner, conditions and scope of the examination and the examining person or persons. The party causing the exam must provide a report of findings to the examined party upon request. Refusal to comply with an exam order allows the court to impose sanctions, including deeming certain facts established, prohibiting evidence, or dismissing the case.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    DELA TORRE, ROSARIO FATIMA A.

    CIVIL PROCEDURE 1
    22-08108 2ND semester S/Y 22-23
    JD1A RULE 28 FLOW CHART

    RULE 28- PHYSICAL AND MENTAL EXAMINATION OF PERSONS


    This rule applies to action in which mental or physical condition of a party is in controversy.

    A Motion must be filed showing good cause shown for the examination, with
    notice to the party to be examined and to all other parties.

    Court issues an order where it shall specify the time, place, manner, conditions and scope
    of the examination and the person or persons by whom it is to be made.

    If requested by the party examined, the party causing the Effect if a party refuses to obey an order (Sec 3, Rule 29 of
    examination to be made shall deliver to him or her a copy Rules of Court):
    of a detailed written report of the examining physician
    setting out his or her findings and conclusions The court may make such orders in regard to the refusal as are
    just, and among others the following:
    Effect:
    (a) An order that the matters regarding the physical or
    1. The party causing the examination to be made mental condition of the party, or any other designated
    shall be entitled upon request to receive from the facts shall be taken to be established for the purposes
    party examined a like report of any examination, of the action in accordance with the claim of the party
    previously or thereafter made, of the same mental obtaining the order
    or physical condition. (b) an order
    o refusing to allow the disobedient party to
    support or oppose designated claims or
    2. Waiver of privilege- defenses
    o By requesting and obtaining a report of o prohibiting him from introducing in evidence
    the examination so ordered designated documents or things or items of
    o by taking the deposition of the examiner, testimony, or from introducing evidence of
    the party examined waives any privilege physical or mental condition
    he or she may have in that action or any (c) An order
    other involving the same controversy, o striking out pleadings or parts thereof
    regarding the testimony of every other o staying further proceedings until the order is
    person who has examined or may obeyed
    thereafter examine him or her in respect o dismissing the action or proceeding or any
    of the same mental or physical part thereof
    examination. o rendering a judgment by default against the
    disobedient party
    (d) In lieu of any of the foregoing orders or in addition
    thereto, an order directing the arrest of any party or
    agent of a party for disobeying any of such orders
    except an order to submit to a physical or mental
    examination.

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