In this example, defendant moves for a substitution of one of the doctors appointed to his Sanity Commission, due to the fact that defendant is disabled and cannot access said doctor’s office. An attached order grants defendant’s motion.
Louisiana Motion for Change of Examining Psychologist, due to Physical Disability of Defendant, and Order
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Under current Rule 35(b), if the government believes that a sentenced defendant has provided substantial assistance in investigating or prosecuting another person, it may move the court to reduce the original sentence; ordinarily, the motion must be filed within one year of sentencing.
A request for a physical or mental examination is a discovery tool that has limited use, and the reason being is because normally a this type of request is ordered by the court. ( Thomas F. Goldman & Alice Hart Hughes, Civil Litigation: Process and Procedures 334 (2d.
(2) In addition to section (b)(1), any party may serve upon any other party not more than two sets of written interrogatories containing not more than 20 questions per set without prior permission of the court.
INTERDICTION is the term used for the plan of having a Court declare a person is not competent to take care of his own affairs and appoints a Curator for that person. In addition to a curator, there will also be an Under-Curator appointed.
An examination by a party conducted by a licensed or certified examiner which may be ordered by the court upon motion made by another party.
Generally, the petition is filed in a civil district court in the parish in which the interdict is domiciled (permanent home). If the defendant does not have a permanent home, the petition is filed where he resides or where he is physically present if he is not a resident of the state.
35, permits discovery through a medical examination of a party under carefully defined circumstances.Rule 35 does not provide for independent medical examinations or independent medical examiners, and does not permit a defendant to require that a plaintiff submit to an examination in every personal injury case.
R. Civ. P. 35) Although they can be used as a great discovery tool, it is considered limited because it is only allowed in those situations where the physical or mental condition of the person is at issue in the case.
An interdiction is a legal process where a court is asked to determine, from testimony and other evidence presented, whether a person is unable, due to an infirmity, to consistently make decisions regarding his person and/or his property, or to communicate those decisions.
