Robert L. Schlagenhauf v. Cale J. Holder, United States District Judge for the Southern District of Indiana

SWYGERT, Circuit Judge.

Robert L. Schlagenhauf petitions for a writ of mandamus (28 U.S.C. § 1651(a), the All Writs Act) directed to the Honorable Cale J. Holder, district judge. The petition raises an important question respecting the scope of Rule 35, Fed.R.Civ.P.,1 viz., whether a federal district court has the power to order a mental or physical examination of a person who is a defendant in a tort action. We know of no prior decision directly in point.2

Because the question is fundamental, going to the court’s power to require a medical examination of a defendant in a civil action, we…