Returning Subscriber?
Not a Subscriber to Litigation Pathfinder?
Get the full text of this legal issue, including links to cited primary law, along with unlimited access 1,000’s of other legal issues…and more!
Area of Law: | Litigation & Procedure |
Keywords: | Mental examination; Trial court's discretion; Motion |
Jurisdiction: | Arizona |
Cited Cases: | 91 Ariz. 296; 371 P.2d 1022 |
Cited Statutes: | Ariz. R. Civ. P. 35(a); Ariz. R. Civ. P. 16(h); A.R.S. § 12 2106; Rule 25, Rules of Civil Appellate Procedure; R. P. Spec. Actions 7(h) |
Date: | 10/01/2000 |
Rule 35(a) states, in part:
When the mental or physical condition (including the blood group) of a party, or of a person in the custody or under the legal control of a party, is in controversy, the court in which the action is pending may order the party to submit to a physical or mental examination by a physician or psychologist or to produce for examination the person in the party’s custody or legal control.
TA s "Ariz. R. Civ. P. 35(a)" c 1 l "Ariz. R. Civ. P. 35(a)"Ariz. R. Civ. P. 35(a) (emphasis added).
The use of the word "may" in the Rule indicates that whether or not to order a mental examination is a decision in the trial court’s discretion. The Rule does not say that the trial court’s decision is discretionary in the absence of good cause; rather it states that good cause must be shown as a prerequisite to the court deciding whether or not to exercise its discretion.
How the court weighs custody factors is totally in the trial court’s discretion. "It is well settled that a judgment of a trial court as to the best interest of a child in a case such as this, cannot be set aside on appeal unless it clearly appears the trial court has abused its discretion." TA s "Ward v. Ward, 91 Ariz. 296, 297, 371 P.2d 1022, 1023" c 2 l "Ward v. Ward, […]
Subscribe to Litigation Pathfinder
To get the full-text of this Legal Memorandum ... and more!
(Month-to-month and annual subscriptions available)
Get the full text of this legal issue, including links to cited primary law, along with unlimited access 1,000’s of other legal issues…and more!