A physical or mental examination may be ordered only for good cause shown and upon notice to the person to be examined. Which is required?

A physical or mental examination may be ordered only for good cause shown and upon notice to the person to be examined. Which is required?

• A. Good cause shown and notice
• B. Signed consent of the examined person
• C. A medical panel approval
• D. A court order after trial

Answer: (A)

In North Carolina civil procedure, you can only obtain a court-ordered physical or mental examination if there is good cause shown and the person to be examined is given notice. Good cause means the examination is necessary to resolve a material issue in the case—typically something about the party’s physical or mental condition that is in dispute and cannot be fairly evaluated without an examination. The notice requirement protects the examinee by allowing time to prepare, arrange counsel, and respond to the request. This combination—showing good cause and providing notice—is what makes the court willing to order the examination. Consent from the examined person is not required, there is no medical panel process to obtain, and the order is not something that happens only after trial. The correct approach is to demonstrate need and to inform the other party so the examination can be conducted fairly and efficiently.

In North Carolina civil procedure, you can only obtain a court-ordered physical or mental examination if there is good cause shown and the person to be examined is given notice. Good cause means the examination is necessary to resolve a material issue in the case—typically something about the party’s physical or mental condition that is in dispute and cannot be fairly evaluated without an examination. The notice requirement protects the examinee by allowing time to prepare, arrange counsel, and respond to the request.

This combination—showing good cause and providing notice—is what makes the court willing to order the examination. Consent from the examined person is not required, there is no medical panel process to obtain, and the order is not something that happens only after trial. The correct approach is to demonstrate need and to inform the other party so the examination can be conducted fairly and efficiently.