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Physical and Mental Examinations Toolkit (Federal)
Practical Law Toolkit w-030-0097 (Approx. 4 pages)
Physical and Mental Examinations Toolkit (Federal)
by Practical Law Litigation
| Maintained • USA (National/Federal) |
Resources to help counsel with physical and mental examinations, often called independent medical examinations (IMEs), in federal civil litigation under Federal Rule of Civil Procedure (FRCP) 35. Specifically, this Toolkit includes resources related to seeking or opposing an IME, exchanging examination reports, and preparing a client for an IME.
When the mental or physical condition of a person (usually the plaintiff) is in controversy, an opposing party may obtain a physical or mental examination by a suitably licensed or certified examiner under Federal Rule of Civil Procedure (FRCP) 35(a)(1). Counsel and courts often call this examination an independent medical examination (IME) (see, for example, Mager v. Wisc. Cent. Ltd., 924 F.3d 831, 834 (6th Cir. 2019)).
This Toolkit offers resources for use in federal civil litigation that provide guidance on how to:
- Seek or oppose an IME.
- Prepare a client for an IME.
- Exchange examination reports after an IME.