order of examination

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  1. An order to compel a physical examination to determine a person’s health or injuries. Also known as an order for physical or mental examination. Under Federal Rule of Civil Procedure Rule 35, a party may obtain an order for physical or mental examination when the person’s condition is in controversy for the present case. FRCP Rule 35. In Sibbach v. Wilson, the Supreme Court found that an order of physical or mental examination is a procedural rule, and therefore FRCP Rule 35 is valid. Such an order for an examination may be compelled, among other reasons, when a defendant in a personal injury suit desires to validate the plaintiff’s injuries (See Sibbach), or when a court needs to determine a criminal defendant’s mental insanity. See People v. Wilburn

  2. Hearing in which a judgment debtor must answer questions about his financial position. 

[Last updated in August of 2020 by the Wex Definitions Team]