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.
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
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contains
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Rule 28 – Physical and Mental Examination of Persons
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