Rule 28 – Physical and Mental Examination of Persons

E1014393

Rule 28 – Physical and Mental Examination of Persons is a provision in the Philippine Rules of Court that governs when and how a party may be compelled, by court order, to undergo a physical or mental examination in connection with a legal proceeding.

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Statements (44)

Predicate Object
instanceOf Philippine legal provision
procedural rule
rule of court
aimsToProtect due process rights of parties
privacy rights of the person examined
allows adverse party to obtain copy of examiner’s report
adverse party to take deposition of the examiner
appliesTo civil actions
parties whose physical or mental condition is in issue
authorizes court to designate the physician for examination
court to designate the psychologist or psychiatrist for examination
court to specify conditions of examination
court to specify manner of examination
court to specify place of examination
court to specify time of examination
balances need for discovery and individual privacy
bindingOn Philippine trial courts NERFINISHED
parties in covered civil actions
citationForm Rule 28, Rules of Court (Philippines) NERFINISHED
conditionForApplication mental condition of a party is in controversy
physical condition of a party is in controversy
governs mental examination of persons in court proceedings
physical examination of persons in court proceedings
influencedBy rules on physical and mental examination in other common law jurisdictions
jurisdiction Philippines NERFINISHED
language English
legalNature procedural, not substantive
legalSystem Philippine legal system
partOf Philippine Rules of Court NERFINISHED
providesFor service of examination order on all parties
service of examination order on the person to be examined
purpose to provide a procedure for obtaining medical or psychological evidence
regulates use of examination reports as evidence
relatedTo discovery procedures in civil cases
requires court order for compulsory mental examination
court order for compulsory physical examination
delivery of examiner’s report to requesting party
examiner to prepare a written report
motion by a party for examination
notice to the person to be examined
showing of good cause for examination
that the examination be relevant to issues in the case
sourceOfLaw procedural rights to request mental examination
procedural rights to request physical examination

Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

Rules of Court of the Philippines contains Rule 28 – Physical and Mental Examination of Persons