Civil Procedure Multistate Bar Practice Exam

What criteria must be shown to compel an individual to undergo a medical examination?

1. The individual has prior medical conditions

2. Health is in actual controversy and good cause

3. The individual must agree to the examination

4. No specific criteria are needed

The correct answer is: Health is in actual controversy and good cause

To compel an individual to undergo a medical examination in a legal context, the criteria that must be demonstrated includes the existence of an actual controversy regarding the individual's health and the establishment of good cause for the examination. This means that there must be specific, relevant issues related to health that are in dispute in the case. Additionally, a party seeking such an order must show that the examination is necessary and that there is a legitimate reason for requiring the examination. The concept of good cause generally involves demonstrating that the examination will assist in resolving the issues at stake in litigation. In contrast, merely having prior medical conditions does not inherently justify a compulsion to undergo a new examination unless those conditions are directly related to the legal issues involved. Similarly, individual consent for the examination would be ideal, but in a court setting, compelling an examination can occur even if the individual does not agree, provided the requisite criteria (controversy and good cause) are satisfied. Finally, claiming that no specific criteria are needed undermines the procedural protections afforded to individuals regarding their privacy and bodily autonomy, which is not aligned with the established legal standards.