Young v. Fairfax

The defendant has applied to the court ex parte for an order for the physical examination of the plaintiff and also for the taking of testimony of the plaintiff by deposition respecting the nature and extent of her injuries. Prior to the Civil Practice Act such orders were ordinarily obtained without notice to the party to be examined, but in my opinion the Civil Practice Act now requires that such orders shall be granted only upon notice. Section 306 is part of article 29 entitled “ Testimony by deposition.” It provides expressly that “ the order for such physical examination upon the…