Who may order a party to submit to a physical or mental examination?

• A. The judge of the court in which the action is pending
• B. A jury
• C. The plaintiff
• D. The clerk

Answer: (A)

In North Carolina, when a party’s physical or mental condition is actually at issue in a case, the court can order that party to submit to a physical or mental examination to obtain objective evidence about that condition. The authority to issue such an order rests with the judge who is overseeing the case in the court where the action is pending.

This power is exercised through a court process, typically on a motion showing good cause. The order will specify the scope and manner of the examination and protect the party’s rights, such as allowing counsel to be present and permitting protective orders if needed for privacy or other concerns. The important point is that this is a judicially controlled remedy, not something a jury, the plaintiff independently, or a clerk can impose.