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Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 4 June 2020 at 06:36)
Division 1 Medical examination
23.1 Application and definitions
(cf SCR Part 25, rule 1; DCR Part 23, rule 1; LCR Part 20, rule 1)
(1) This Division applies to proceedings in which—(a) a person’s physical or mental condition is relevant to a matter in question, and(b) either—(i) that person is a party, or(ii) that person is a person for whose benefit a party is claiming relief under the Compensation to Relatives Act 1897.(2) In this Division—first party means the party referred to in subrule (1)(b).medical examination includes any examination by a medical expert but does not include tests referred to in Division 2.medical expert includes dentist, medical practitioner, occupational therapist, optometrist, physiotherapist and psychologist.notice for medical examination means a notice referred to in rule 23.2(1).person concerned means the person referred to in subrule (1)(a) (whether or not the first party) whose physical or mental condition is relevant to a matter in question.
23.2 Notice for medical examination
(cf SCR Part 25, rule 2; DCR Part 23, rule 2; LCR Part 20, rule 2)
(1) Any party other than the first party may serve on the first party a notice for the medical examination of the person concerned.(2) A notice for medical examination is to be in the form of a request that the person concerned submit to examination by a specified medical expert at a specified time and place.
(cf SCR Part 25, rule 3; DCR Part 23, rule 3; LCR Part 20, rule 3)
A party who serves a notice for medical examination must, on request by the first party, pay to the first party a reasonable sum to meet the travelling and other expenses of the person concerned of and incidental to the medical examination, including the expenses of having a medical expert chosen by the person attend the examination.
23.4 Order for examination
(cf SCR Part 25, rule 5; DCR Part 23, rule 5; LCR Part 20, rule 5)
(1) The court may make orders for medical examination, including an order that the person concerned submit to examination by a specified medical expert at a specified time and place.(2) If the court orders that the person concerned submit to examination by a medical expert, the person must do all things reasonably requested, and answer all questions reasonably asked, by the medical expert for the purposes of the examination.
23.5 Medical expert for person concerned
(cf SCR Part 25, rule 6; DCR Part 23, rule 6; LCR Part 20, rule 7)
The person concerned may have a medical expert of his or her choice attend a medical examination under this Division.