Guardians Ass'n v. Civil Service Commission of New York

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the nonmovant's use of an expert who has examined a party will often supply good cause for an examination by the Rule 35 movant
• finding that tape recording a Rule 35 examination was not appropriate when the expert indicated such would invalidate the examination and such concern was supported by other authorities
• noting that greater weight of authority favors exclusion of plaintiff's attorney from examination
• having a third party present at a mental examination may potentially invalidate the examination results
• considering whether recording was consistent with “the underlying purposes of a Rule 35 examination”
• Rule 35 interpreted as “a forthright attempt to provide a ‘level playing field’ between the parties in their respective efforts to appraise the Plaintiffs psychological state”

Source: CourtListener parenthetical corpus (CC0).