In some lawsuits, a party’s mental or physical condition may be crucial in determining the case's outcome. That is, a party’s mental or physical condition is directly relevant to the claims in the case. When one party makes a claim about their mental or physical condition and the other party disputes that claim, the condition is said to be “in controversy.” That means that the mental or physical state of that party is relevant to the legal proceedings and is being disputed or questioned by one or more of the parties involved in the case.

The following are some examples of when a party’s mental or physical condition may be disputed:

• Injury or Illness Claims: In personal injury cases, the extent or severity of the plaintiff's injuries may be in dispute. The defendant might contest the severity of the injuries claimed by the plaintiff, arguing that they are not as serious as alleged.
• Mental Capacity: A party’s mental capacity may be questioned in cases involving contracts or wills. For instance, if someone signs a contract or a will but is alleged to lack the mental capacity to understand the consequences of their actions, their mental state becomes relevant and may be in dispute.
• Parental Fitness: In child custody cases, a parent's mental or physical fitness may be contested. One party may argue that the other parent's mental health issues or physical limitations make them unfit to have custody or visitation rights.
• Insurance Claims: In insurance disputes, the extent of a claimant's injuries or disabilities may be contested by the insurance company, especially if they believe the claimant is exaggerating or falsifying their condition.

When a party’s mental or physical condition is in controversy, the court may order a mental or physical examination to obtain an impartial assessment of the party's condition. A qualified expert must perform the examination.

If you dispute a party’s claimed mental or physical condition and want to request an examination, you must file a motion with the court. Your motion should specifically ask the court to order the examination and explain your reason for disputing the party’s claimed condition. If the Court agrees that an examination is appropriate, it will enter an order permitting the examination.

Proper notice of the examination order must be provided to the person to be examined and the parties to the case. The court’s order will specify the examination's time, place, manner, conditions, and scope. If a party fails to comply with the court's order for an examination or obstructs the examination process, the court may impose sanctions on that party. Sanctions could include fines, adverse evidentiary rulings, or other penalties deemed appropriate by the court.

Following the examination, the party undergoing the examination is entitled to receive a report from the examiner. This report should include the examiner's findings, including test results, diagnoses, and opinions. The examination report may be admitted into evidence at trial, subject to the rules of evidence and any objections raised by the parties. The parties can use the report to support their arguments regarding the disputed condition.

The court can consider the findings and opinions presented in the examination report when making its decision on the case. The report may influence the court's determination of the party's mental or physical condition and its impact on the legal issues at hand.

NOTE: A request for mental or physical examination should only be used when a party’s mental or physical condition is at issue and must not be used to harass or embarrass the opposing party. 

Read the Rule: Md. Rule 2-423

Discovery in the Circuit Court from the Maryland Courts