Rule 28A. Medical Injuries and Special Damages

Category: Rules of The Superior Court Section: COMMENCEMENT OF ACTION

(a) Medical Examinations. In actions to recover damages for personal injuries, the defendant shall have the right to a medical examination of the plaintiff prior to trial. The defendant shall seek and obtain the medical examination of the plaintiff within the expert disclosure deadlines set forth by statute, rule, or in the structuring order issued by the court.  The court may order a medical examination of the plaintiff to take place outside of the expert disclosure deadlines, including during trial, only for good cause shown.

(b) Medical Reports. Copies of all medical reports relating to the litigation, in the possession of the parties, will be furnished to opposing counsel on receipt of the same.

(c) Medical Records. Any party shall have the right to procure from opposi

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