Michigan Court of Appeals Permits Videotaping of Neuropsych Exam
In this case, the Trial Court ruled that a Plaintiff bringing a medical malpractice case could videotape a neuropsychological examination requested by the Defendants.
The Michigan Court Supreme Court received the case on an interlocutory appeal. The Supreme Court reversed and remanded the case back to the Court of Appeals. On remand, the Court of Appeals determined that under MCR 2.311(A) the Trial Court may impose conditions for an examination. Plaintiffs are not required to demonstrate good cause for the videotaping. Rather, the burden to demonstrate good cause is on the party seeking the examination. There is no presumption adverse to videotaping found within the applicable Court Rule. As such, the Trial Court did not abuse its discretion when permitting video of the exam.
Click on the link to read the court ruling in Schaumann-Beltran v Gemmete.
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