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