Legal Definitions - order of examination

An order of examination is a formal directive issued by a court, compelling an individual to participate in a specific type of inquiry. This term commonly applies in two distinct legal contexts:

• Medical or Mental Health Examination: A court may issue an order requiring a person to undergo a physical or mental health examination when their medical or psychological condition is a central and disputed issue in a legal case. The purpose is to gather objective, independent evidence relevant to the claims being made.
• Financial Disclosure (Debtor's Examination): After a court has issued a judgment requiring one party to pay money to another, the court may issue an order compelling the losing party (known as the "judgment debtor") to appear and answer questions under oath about their assets, income, and debts. This process helps the winning party (the "judgment creditor") identify available resources to satisfy the outstanding debt.

Here are some examples illustrating how an order of examination might be used:

• Example 1 (Medical Examination): A pedestrian files a lawsuit against a driver, claiming severe and lasting neurological damage after being hit by a car. The driver's insurance company, as part of the defense, might request an order of examination to have the pedestrian evaluated by an independent neurologist chosen by the court or agreed upon by both parties.

  Explanation: This order allows the defense to obtain an objective medical assessment of the plaintiff's claimed injuries, which are directly "in controversy" in the lawsuit, helping the court determine the true extent of the damages.

• Example 2 (Mental Health Examination): In a high-stakes professional malpractice case, a former client sues their therapist, alleging that the therapist's negligence led to significant emotional distress and psychological harm. The therapist's legal team might seek an order of examination to have the former client undergo an independent psychological evaluation by a court-appointed expert.

  Explanation: Here, the client's mental state and the alleged psychological harm are central to the claim. An independent examination provides crucial evidence for the court to assess the validity and extent of the claimed damages.

• Example 3 (Financial Disclosure): A landlord wins a lawsuit against a former tenant for unpaid rent and damages, resulting in a court judgment for $10,000. Despite the judgment, the tenant has not paid. The landlord's attorney could obtain an order of examination to compel the former tenant to appear in court and answer detailed questions about their current employment, bank accounts, real estate, and other assets.

  Explanation: This order provides a legal mechanism for the landlord (the judgment creditor) to discover the financial resources of the former tenant (the judgment debtor), which can then be pursued through legal means like wage garnishment or asset seizure to collect the money owed.