Requests for physical and mental examinations

• Author: William M. Audet/Kimberly A. Fanady
• Pages: 295-308

HANDLING FEDERAL DISCOVERY

CHAPTER 9: REQUESTS FOR

PHYSICAL AND MENTAL

EXAMINATIONS

TASKS

Task 47 Request Examination

Task 48 Oppose Examination Request

Task 49 Prepare Client for Examination

Task 50 Request Examination Reports

Task 51 Produce Examination Reports

FORMS

Form 17 Notice of Physical of Mental Examination

TASK 47

Request Examination

I. WHAT AND WHY

A. In appropriate cases, you may want another party, or person under a party’s control or custody, to submit to a

mental or physical examination by a suitably licensed or certified examiner to assess any testimony or reports

regarding the party’s condition. For example, request an exam when a party:

1. Claims physical or mental injuries caused by your client. See Schlagenhauf v. Holder, 379 U.S. 104

(1964); Flores-Febus v. MVM, Inc., 299 F.R.D. 338 (D.P.R. 2014) (IME warranted in employment

discrimination case where plaintiff alleged ongoing emotional injury including depression, anxiety,

and insomnia); Gavin v. Hilton Worldwide, Inc., 291 F.R.D. 161 (N.D. Cal. 2013) (IME warranted

where plaintiff alleged claims for failure to accommodate chronic depression and intentional infliction

of emotional distress and asserted that employer’s conduct caused ongoing emotional distress, suicide

attempt, and hospitalization); Ornelas v. Southern Tire Mart, LLC, 292 F.R.D. 388 (S.D. Tex 2013)

(plaintiff’s physical injury assertions entitled defendant to examinations by orthopedic surgeon and

vocational rehabilitation expert; plaintiff’s physical capabilities, employability, and extent of his injures

squarely in controversy); Nguyen v. Qualcomm Inc., 119 BNA Fed. Empl. Cases 76 (S.D. Cal. 2013)

(where plaintiff claimed ongoing psychological injury, IME warranted to ascertain preexisting causes of

plaintiff’s injuries and assess nature and amount of claimed damages); Diaz v, Con-Way Truckload, Inc.,

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