Carroll v. Burchett

This matter is now before the court on a motion filed by the defendant for an order requiring the plaintiff to submit to a physical examination by an orthopedic surgeon. The defendant requests that the plaintiff be required to appear within the jurisdiction of the court for the physical examination as well as the taking of plaintiff’s deposition.

The plaintiff resides in the state of New Jersey and he filed his action on March 5, 1965. The defendant has not had an opportunity to have the plaintiff examined nor his deposi*124tion taken as an aid in the preparation of his case for trial, or to use…