PROFESSOR MARTINEZ
CIVIL PROCEDURE I
PRACTICE EXAM
[60 minutes]
On a clear summer night, Daniel’s automobile drove into the rear of Paula’s automobile.
Both cars had been traveling in the same direction. Paula was injured in the accident. Mary, a
passenger in Daniel’s automobile, was unhurt. Following the accident, Paula consulted her
attorney, Ann Adams, who advised Paula that she had a cause of action against Daniel. Ms.
Adams also advised Paula to undergo a medical examination. Ms. Adams gave Paula the name
of Dr. David Garcia. As a result, Paula decided to bring a lawsuit against Daniel. Paula also
underwent a medical examination performed by Dr. Garcia.
Paula filed and served a Summons and Complaint and a set of interrogatories on Daniel
on Day 1. Paula’s Complaint alleged that Daniel’s negligence caused the accident. Paula also
alleged that she was unable to walk as a result of the accident and sought damages for such
injuries.
On Day 10, Daniel made a Rule 26(c) motion for a protective order, claiming that the
interrogatories were burdensome and vexatious. On Day 15, Daniel filed an answer denying the
allegations in Paula’s Complaint and raising the defense of improper venue.
Subsequently, Daniel asked Paula to agree to undergo a medical examination to
determine the extent of her injuries. Paula refused to agree. Daniel made a motion and the Court
ordered Paula to undergo the examination. The Court also ordered Daniel to provide Paula with
a copy of the medical report resulting from the examination. Paula did not object to the Court’s
order. After Daniel’s doctor examined Paula, Daniel sent and Paula received and read a copy of
the report. Daniel then requested that Paula provide him with any copies of medical reports that
had been prepared by Paula’s doctors. Paula refused to turn over the report that had been
prepared by Dr. Garcia.
Eventually, Paula took the deposition of Daniel. Daniel testified that he suffers from
traumatic amnesia and remembers nothing about the evening in question from the time he left
work late that afternoon until he awakened in the hospital after the collision. Paula now seeks a
court order to require Daniel to undergo a medical examination.
Please discuss the following questions:
(1)
Has Daniel waived the defense of improper venue?
(2)
Was the Court correct to order Paula to undergo a medical examination?
(3)
Can Daniel obtain discovery of the report prepared by Dr. Garcia?
(4)
Should the Court order Daniel to undergo a medical examination?