C-25 - Code of Civil Procedure

Section 399 Disposition versions

1994-01-01

399. In any case susceptible of appeal, when there is in issue the physical or mental condition of any party or of the person who suffered the injury which has given rise to the action, a party may summon at his expense such person by writ of subpoena to have a medical examination. Such writ must indicate the place where, and the day and hour when the person summoned must attend and the names of the experts entrusted with making the examination; it must be served at least 10 days before the date fixed for the examination, with a notice to the attorney of the person summoned.

If the person examined so wishes, experts chosen by him may attend such examination.

The judge may however, on motion, for reasons considered valid, quash a writ issued under this article or amend its content.

1965 (1st sess.), c. 80, a. 399; 1969, c. 81, s. 8; 1972, c. 70, s. 15; 1992, c. 57, s. 266.

1977-12-31

399. In any case susceptible of appeal, when there is in issue the physical or mental condition of any party or of the victim of the offence which has given rise to the action, a party may summon at his expense such person by writ of subpoena to have a medical examination. Such writ must indicate the place where, and the day and hour when the person summoned must attend and the names of the experts entrusted with making the examination; it must be served at least ten days before the date fixed for the examination, with a notice to the attorney of the person summoned.

If the person examined so wishes, experts chosen by him may attend such examination.

The judge may however, on motion, for reasons considered valid, quash a writ issued under this article or amend its content.

1965 (1st sess.), c. 80, a. 399; 1969, c. 81, s. 8; 1972, c. 70, s. 15.