Legal Question in Civil Litigation in California

Order of Examination

I have an OEX scheduled in early Nov- to attend it would mean a car trip of over 2 hours (it is within the miles allowed). This trip would be very painful as I have spine problems (surgery in Jan of this year) to travel it would mean use of Narcotic pain Meds, which would hinder my ability to testify. What are my options?


Asked on 10/06/08, 2:11 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Order of Examination

I hope your options don't include driving to or from the courthouse while you're zonked out on pain meds.

There's no reason why you can't show up and testify on your taken-as-prescribed pain meds, but the first question prudent lawyers will ask is "Are you on any medication today?" This keeps the witness from trying to weasel out of the testimony later on by claiming she was too out-of-it to give a valid answer.

You could try writing to the adverse party or attorney telling them of your disability and requesting an appropriate accommodation such as scheduling the examination nearer your residence. This would aid you in any future lawsuit, for example if the creditor was to seek an arrest warrant knowing of your medical condition and you were then arrested.

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Answered on 10/06/08, 2:41 pm


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