Jacob v. Chaplin

MILLER, Judge.

This certified interlocutory appeal is a case of first impression in Indiana. The broad issue presented is whether a party has a presumptive right to establish conditions for a court ordered routine, Ind.Trial Rule 35 physical examination.1 The specific issue is whether the trial court abused its discretion (and in the process, decided a new question of law) by issuing a protective order which in effect said that a plaintiff in a personal injury action, ordered to undergo a routine T.R. 85 examination, is entitled as a matter of right to tape record all conversations with the…