VIRGIN ISLANDS RULES OF CIVIL PROCEDURE Rule 35. Physical and Mental Examinations

• Jurisdiction: United States

Rule 35. Physical and Mental Examinations

(a) Order for an Examination.

(1) In General. The court where the action is pending may order a party whose mental or physical condition, including blood group or DNA profile, is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner. The court has the same authority to order a party to produce for examination a person who is in its custody or under its legal control.
(2) Motion and Notice; Contents of the Order. The order:

(A) may be made only on motion for good cause and on notice to all parties and the person to be examined; and
(B) must specify the time, place, manner, conditions, and scope of the examination—including any testing or procedure to be permitted—as well as the person or persons who will perform it.
(C) may include provisions as needed to address:

• any persons—other than the examiner and examinee—who will be permitted to be present during the examination. Any such persons shall remain silent

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