Also known as: physical condition · mental condition · impairment
Written by attorneys · grounded in primary & secondary sources — see below
4 senses
A party's physical or mental state that is in controversy in pending litigation. A court may order the party to submit to examination by a licensed or certified examiner when good cause is shown.
A party's physical or mental state that is in controversy in pending litigation. A court may order the party to submit to examination by a licensed or certified examiner when good cause is shown.
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A declarant's then-existing physical or mental condition, including pain or bodily health. Such a statement is admissible as an exception to the hearsay rule when offered to prove the condition at the time it was made.
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A lawyer's physical or mental condition that materially impairs the ability to represent a client. The lawyer must withdraw from the representation when the impairment exists.
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A person's mental condition that supplies the basis for a governmental classification. Such classifications receive rational basis review and cannot rest on mere prejudice.
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A declarant's then-existing physical or mental condition, including pain or bodily health. Such a statement is admissible as an exception to the hearsay rule when offered to prove the condition at the time it was made.
A lawyer's physical or mental condition that materially impairs the ability to represent a client. The lawyer must withdraw from the representation when the impairment exists.
A person's mental condition that supplies the basis for a governmental classification. Such classifications receive rational basis review and cannot rest on mere prejudice.
Each sense below has its own examples, sources, and questions.
Pilar Pena sued her former employer for emotional distress after a workplace incident. The employer moved for an order requiring Pilar to undergo a psychiatric evaluation. The court found her mental condition in controversy and granted the motion for good cause.
The moving party must demonstrate that the condition is genuinely in controversy and that good cause supports the examination. Notice must be given to all parties and the person to be examined.
Supporting sources
Philip Powell told his sister moments after a car crash that his back hurt badly and he felt dizzy. At trial the sister recounted the statement to prove Philip's physical condition at the time. The court admitted the statement under the then-existing condition exception.
No. The exception covers only statements describing the declarant's condition at the time the statement is made. Statements of memory or belief about past conditions are excluded unless they concern the terms of a will.
Supporting sources
Peter Park's attorney began missing deadlines and appeared disoriented during client meetings. After confirming the attorney's mental condition materially impaired representation, the attorney filed a motion to withdraw under the professional conduct rules.
Withdrawal is mandatory when the condition materially impairs the lawyer's ability to represent the client. The lawyer must first assess whether the impairment prevents competent representation.
Supporting sources
Phuong Pham leased a retail storefront and installed new shelving units necessary for displaying inventory. The landlord objected that the changes altered the physical condition of the property. The court held the modifications were permissible because they were reasonably necessary for normal commercial use.
Priscilla Parks struck Perry Pratt during an argument, fracturing his wrist. Perry sued for battery. The court found the contact caused physical impairment of Perry's body and therefore constituted bodily harm under the applicable tort standard.
A city council denied a permit for a group home serving adults with intellectual disabilities after neighbors expressed unfounded fears of increased crime. Residents sued under the Equal Protection Clause. The court held that the denial rested solely on the residents' mental condition and therefore violated equal protection.
Rational basis review applies. The government may not rely on mere prejudice. The classification must be rationally related to a legitimate governmental interest.
Supporting sources
…among the fundamental personal rights and liberties' protected by the due process clause of the Fourteenth Amendment from impairment by the States." (Emphasis added.) And, in Meyer v. Nebraska , 262 U. S. 390, 399, the Court, referring to the Fourteenth Amendment, stated: "While this Court has not attempted to…